Data Retention and Security in Europe: Towards a New Right to Digital Privacy

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Author(s): Clara Marsan Raventós (Open University of Catalonia, Spain)
Copyright: 2012
Pages: 21
Source title: Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies
Source Author(s)/Editor(s): Christina M. Akrivopoulou (Democritus University of Thrace, Greece)and Nicolaos Garipidis (Aristotle University of Thessaloniki, Greece)
DOI: 10.4018/978-1-4666-0891-7.ch005

Keywords: Human Aspects of Technology / Information Science Reference / Social Sciences & Humanities

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Abstract

This chapter describes today’s environment of telecommunications data, one where a permanent tension between security, on the one hand, and privacy, on the other, are in a fragile equilibrium. Against this background, the chapter explores the contours of a new right to digital privacy in Europe, a right that belongs to one’s personal development and freedom. Firstly, it looks at how it has been jurisprudentially conceived in Germany (in particular through the two recent cases on “on-line searches” [2008] and on the law implementing the Data Retention EC Directive [2010]). Secondly, it explores how this acquis on the right to digital privacy is increasingly present in other member states. Finally, it will be argued that an international agreement on the right to digital privacy should be put in place through the concurrence of all private (ITs) and public stakeholders involved. The latter should agree on the minimum content of this right, as well as on the different channels to enforce it (through legal remedies but also other mechanisms such as “privacy by design”).

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Data Retention and Security in Europe: Towards a New Right to Digital Privacy

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