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The Fundamental Right to Data Protection - Normative Value in the Context of Counter-Terrorism Surveillance (Hardcover)
Loot Price: R3,302
Discovery Miles 33 020
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The Fundamental Right to Data Protection - Normative Value in the Context of Counter-Terrorism Surveillance (Hardcover)
Series: Modern Studies in European Law
Expected to ship within 12 - 17 working days
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Since the entry into force of the Lisbon Treaty, data protection
has been elevated to the status of a fundamental right in the
European Union and is now enshrined in the EU Charter of
Fundamental Rights alongside the right to privacy. This timely book
investigates the normative significance of data protection as a
fundamental right in the EU. The first part of the book examines
the scope, the content and the capabilities of data protection as a
fundamental right to resolve problems and to provide for an
effective protection. It discusses the current approaches to this
right in the legal scholarship and the case-law and identifies the
limitations that prevent it from having an added value of its own.
It suggests a theory of data protection that reconstructs the
understanding of this right and could guide courts and legislators
on data protection issues. The second part of the book goes on to
empirically test the reconstructed right to data protection in four
case-studies of counter-terrorism surveillance: communications
metadata, travel data, financial data and Internet data
surveillance. The book will be of interest to academics, students,
policy-makers and practitioners in EU law, privacy, data
protection, counter-terrorism and human rights law.
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