EU Data Privacy Law and Serious Crime Data Retention and Policymaking

EU Data Privacy Law and Serious Crime: Data Retention and Policymaking offers a comprehensive and comparative study of the right to private life and data retention within the EU and ECHR legal orders. Exploring EU data retention law and the role of Article 8 ECHR in a variety of contexts, from communications data to passenger name record data, the book casts a spotlight on the mainstreaming of the right to private life across EU policymaking, critically analysing the role of the European Commission and the CJEU as guardians of fundamental rights in their rights review of EU data retention measures. The book examines the jurisprudence of the CJEU and ECtHR concerning data retention and State surveillance. Three key developments are identified that threaten the protection and future development of the right to private life within the EU and ECHR legal orders: the converging and diverging standards of the CJEU and ECtHR; the fraught dialogue between the CJEU and national courts; and the rise of the CJEU as the vanguard EU institution for data retention policymaking and supranational judicial scrutiny in Europe. In this dynamic area of EU data protection law and European human rights law, this original and unique book traverses the future development of legal standards within the jurisprudence of the CJEU and ECtHR, giving policy recommendations on how to enhance the right to private life in future EU data retention policymaking. This book will appeal to academics, policymakers, and practitioners interested in the future of the right to privacy in an era of AI and data-driven surveillance.

1 - An Introduction: Article 8 ECHR and Communications Data in the Global Data Privacy Framework
2 - The Approach of the Strasbourg Court: Article 8 ECHR and Interception of Communications
3 - The Approach of the Strasbourg Court: Article 8 ECHR and Communications Data
4 - The Evolving Dialogue between Luxembourg and Strasbourg
5 - The Approach of the Court of Justice: Article 8 ECHR and Data Retention
6 - The Data Retention Directive and Article 8 ECHR
7 - The Data Retention Directive and the National Courts
8 - Post-Legislative Review of the Data Retention Directive
9 - The EU Passenger Name Record Data Directive and Data Retention

Nora Ni Loideain is an Assistant Professor in Law and Director of the Information Law & Policy Centre at the University of Londons Institute of Advanced Legal Studies, where she teaches and researches in the fields of digital rights, data protection, European human rights law, and EU law. She holds BA, LLB, and LLM (Public Law) degrees from the National University of Ireland, Galway, and was awarded a PhD in European human rights law and EU law by the University of Cambridge. She is joint Editor-in-Chief of International Data Privacy Law and an independent advisor to the UK government.