TY - CHAP
T1 - The fate of the Data Retention Directive: about mass surveillance and fundamental rights in the EU legal order
AU - Marin, Luisa
PY - 2016
Y1 - 2016
N2 - The chapter explores the fate of the Data Retention Directive, the Digital Rights Ireland case and its implications for mass surveillance and data protection. After the Introduction, setting the issue within the context of Snowden’s revelations, the chapter presents the Data Retention Directive and the domestic resistance it has met; it then moves to highlight the judgment, its reasoning and motivations. The chapter discusses the judgment’s implications both in the perspective of national data retention legislation and in the European perspective: by outlawing generalized mass surveillance the Digital Rights Ireland judgment sets benchmarks having consequences also for other European instruments, from the PNR to the Safe Harbour Scheme (recently invalidated by the Schrems judgment), indicating that the judgment is therefore displaying some extraterritorial consequences. The chapter concludes reflecting on the judgment in the perspective of Kadi, reading it as the Court of Justice’s contribution on European counter-terrorism policies and ‘state of exception’.
AB - The chapter explores the fate of the Data Retention Directive, the Digital Rights Ireland case and its implications for mass surveillance and data protection. After the Introduction, setting the issue within the context of Snowden’s revelations, the chapter presents the Data Retention Directive and the domestic resistance it has met; it then moves to highlight the judgment, its reasoning and motivations. The chapter discusses the judgment’s implications both in the perspective of national data retention legislation and in the European perspective: by outlawing generalized mass surveillance the Digital Rights Ireland judgment sets benchmarks having consequences also for other European instruments, from the PNR to the Safe Harbour Scheme (recently invalidated by the Schrems judgment), indicating that the judgment is therefore displaying some extraterritorial consequences. The chapter concludes reflecting on the judgment in the perspective of Kadi, reading it as the Court of Justice’s contribution on European counter-terrorism policies and ‘state of exception’.
KW - METIS-319633
KW - IR-102582
U2 - 10.4337/9781783473311.00020
DO - 10.4337/9781783473311.00020
M3 - Chapter
SN - 9781783473304
T3 - Research Handbooks in European Law series
SP - 210
EP - 230
BT - Research handbook on EU criminal law
A2 - Mitsilegas, Valsamis
A2 - Bergstrom, Maria
A2 - Konstadinides, Theodore
PB - Edward Elgar Publishing
ER -