Trans-Atlantic Data Privacy Relations as a Challenge for Democracy

'I think you are misunderstanding the perceived problem here, Mr President. No one is saying that you broke any laws. We are just saying it is a little bit weird that you did not have to.’ - John Oliver
Editor(s):
Dariusz Kloza, Dan Svantesson
Series:
European Integration and Democracy Series
Volume:
4
book | forthcoming | 1st edition
March 2017 | 560 pp.

Paperback
€120.-


ISBN 9781780684345


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Publication date: March 31, 2017

Details

‘I think you are misunderstanding the perceived problem here, Mr President. No one is saying that you broke any laws. We are just saying it is a little bit weird that you did not have to.
John Oliver
The Daily Show, 10 June 2013

John Oliver formulated in this context the very question about the limits, about the use and abuse, of the law and of the state’s power when it comes to global mass surveillance practices. Where does lie the ‘thin red line’ between the two legitimate yet seemingly competing interests: national security and privacy? […]
The result we present to the reader might seem merely another book about the Snowden affaire and the fall of Safe Harbor, but these two have been (only) an inspiration. Our object of interest is the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. […] The present book is very clearly an anthology – it is a compilation of diverse contributions, from different perspectives, within a broad topic. Our aim with this volume is to highlight a selection of particularly ‘hot’ questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. […] In the final chapter, we draw out and highlight those themes we see emerging within the body of this work. We eventually attempt to suggest a few lessons de lege ferenda.
from the Preface by the editors
 
Under the ‘Lisbon Treaties’, which are in force since 2009, the European Union regards itself as a distinct political entity, which is not a federation of Member States, but it is held together – as Luuk van Middelaar says – with a “unique, invisible glue”. This connection is grounded with shared goals. One of them – expressed both in the Treaty on the Functioning of the European Union (Article 16) and in the Charter of Fundamental Rights of the European Union (Articles 7 and 8) is a unique obligation to protect personal data. Stating that everyone has the right to the protection of personal data concerning them, the European Union feels obliged to observe how safe is the data both held in its territory and transferred outside thereof
from the Foreword by Wojciech R. Wiewiórowski,
Assistant European Data Protection Supervisor

Chapters

There are no separate chapters available for this publication.

About the series:

European Integration and Democracy Series

European Integration and Democracy is a double peer-reviewed book series dedicated to the analysis of the challenges to democracy posed by the process of European integration, using interdisciplinary (law, history, political science, etc.) and comparative perspectives. Each volume in the series is usually devoted to a single aspect of these challenges. The intended readership includes policy makers, legal practitioners, academics and advanced students interested in a critical analysis of the interaction between the European integration and the concept of democracy.

The series was launched in 2012 and is managed by the Centre for Direct Democracy Studies (CDDS) at the Faculty of Law, University of Białystok, Poland. The Centre is devoted to analytical, theoretical, prospective and comparative research on direct democracy, democratic deficit and the role of direct democracy in regional integration. Intersentia became the series’ publisher in 2014.


Editor-in-Chief: Elżbieta Kużelewska (University of Białystok, Poland)

Editorial board: Daniel Barnhizer (Michigan State University, United States of America), Tomas Berkmanas (Vytautas Magnus University, Kaunas, Lithuania), Filip Křepelka (Masaryk University, Brno, Czech Republic), Erich Schweighofer (University of Vienna, Austria), Ryszard Skarzyński (University of Białystok, Poland) and Konstanty A. Wojtaszczyk (University of Warsaw, Poland).

More about this series