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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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European Constitutional Courts towards Data Retention Laws (Hardcover, 1st ed. 2021)
Loot Price: R4,006
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European Constitutional Courts towards Data Retention Laws (Hardcover, 1st ed. 2021)
Series: Law, Governance and Technology Series, 45
Expected to ship within 10 - 15 working days
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The book analyses the impact the jurisprudence of the
constitutional courts of EU Member States and the Court of Justice
of the European Union has had on the perception of freedom of
communications in the digital era with respect to these courts'
judgments regarding regulating storage and access to
telecommunications data (known as telecommunications data
retention) from 2008 to 2017. To do so, it examines the
jurisprudence of the constitutional courts of Austria, Bulgaria,
Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal,
Romania, Slovenia, and Slovakia, i.e. those courts that have
already ruled on domestic provisions regulating telecommunications
data retention. Further, it investigates the judgments of the Court
of Justice of European Union regarding directive 2006/24/EC
regulating telecommunications data retention along with relevant
jurisprudence of the European Court of Human Rights. As such, the
book provides a comparative study of jurisprudence and national
measures to implement the Data Retention Directive. Moreover, the
book discusses whether our current understanding of protection of
freedom of communications guaranteed by the constitutions of EU
member states and the EU Charter of Fundamental Rights, which was
developed in the era of analogue communications, remains accurate
in the era of digital technologies and mass surveillance
(simultaneously applied by states and private corporations). In
this context, the book reconstructs constitutional standards that
currently apply in the EU towards data retention. This book
presents a unique comparative analysis of all judgments concerning
Directive 2006/24/EC, which can be used in the legislative process
on the EU forum aimed at introducing new principles of data
retention and by constitutional courts in the context of
comparative argumentation.
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