European Constitutional Courts towards Data Retention Laws

The book analyzes the impact of the jurisprudence of EU Member States and the Court of Justice of the European Union on the perception of freedom of communications in the digital era, particularly regarding telecommunications data retention. It examines the jurisprudence of constitutional courts in Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia and investigates the judgments of the Court of Justice of European Union and the European Court of Human Rights. It discusses whether our current understanding of protection of freedom of communications in the era of digital technologies and mass surveillance remains accurate and reconstructs constitutional standards that apply in the EU towards data retention.

Format: Paperback / softback
Length: 384 pages
Publication date: 01 November 2021
Publisher: Springer Nature Switzerland AG

The book delves into the profound impact of the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union on the perception of freedom of communications in the digital era. Specifically, it examines the judgments rendered by these courts regarding regulating storage and access to telecommunications data, commonly known as telecommunications data retention, from 2008 to 2017. To accomplish this, the book conducts a comprehensive analysis of the jurisprudence of the constitutional courts in Austria, Bulgaria, Cyprus, the Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, which have already ruled on domestic provisions regulating telecommunications data retention. Furthermore, it investigates the judgments of the Court of Justice of European Union (CJEU) regarding Directive 2006/24/EC, which governs telecommunications data retention, along with relevant jurisprudence of the European Court of Human Rights (ECHR). As a result, the book offers a comparative study of jurisprudence and national measures to implement the Data Retention Directive.

Moreover, the book explores 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. In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.

This book presents a unique and valuable contribution to the field of law and policy. It will be of interest to scholars, researchers, policymakers, and practitioners alike, as it sheds light on the evolving legal landscape surrounding data retention in the digital age. The comprehensive analysis and comparative perspective offered by the book provide valuable insights into the challenges and opportunities faced by constitutional courts and policymakers in this domain.

In conclusion, this book is a must-read for anyone seeking to understand the complex interplay between freedom of communications, privacy, and surveillance in the digital era. It offers a comprehensive and insightful examination of the jurisprudence and national measures related to telecommunications data retention, and it raises important questions about the future of data protection in the EU and beyond.

Weight: 605g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030571917
Edition number: 1st ed. 2021