Exchange of Information and Data Protection in Cross border Criminal Proceedings in Europe

Exchange of Information and Data Protection in Cross border Criminal Proceedings in Europe

Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security.

Author: Ángeles Gutiérrez Zarza

Publisher: Springer

ISBN: 3662512599

Category: Law

Page: 491

View: 170

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.
Categories: Law

Exchange of Information and Data Protection in Cross border Criminal Proceedings in Europe

Exchange of Information and Data Protection in Cross border Criminal Proceedings in Europe

In the EU, “e-Justice” is a broad concept covering all matters related to the use of information and communication ... lawyers and judicial authorities in the clarification of legal questions and the resolution of cross-border cases and ...

Author: Ángeles Gutiérrez Zarza

Publisher: Springer

ISBN: 9783642402913

Category: Law

Page: 491

View: 599

In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.
Categories: Law

Information Exchange and EU Law Enforcement

Information Exchange and EU Law Enforcement

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy ...

Author: Anna Fiodorova

Publisher: Routledge

ISBN: 9781351240246

Category: Law

Page: 268

View: 880

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.
Categories: Law

Handling and Exchanging Electronic Evidence Across Europe

Handling and Exchanging Electronic Evidence Across Europe

This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process.

Author: Maria Angela Biasiotti

Publisher: Springer

ISBN: 9783319748726

Category: Law

Page: 420

View: 882

This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.
Categories: Law

Data Protection in EU and US Criminal Cooperation

Data Protection in EU and US Criminal Cooperation

The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP ...

Author: Els de Busser

Publisher: Maklu

ISBN: 9789046602720

Category: Political Science

Page: 476

View: 564

The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]
Categories: Political Science

Combating Crime in the Digital Age A Critical Review of EU Information Systems in the Area of Freedom Security and Justice in the Post Interoperability Era

Combating Crime in the Digital Age  A Critical Review of EU Information Systems in the Area of Freedom  Security and Justice in the Post Interoperability Era

In Combating Crime in the Digital Age the authors offer a systematic and critical account of EU information systems in the area of freedom, security and justice.

Author: Athina Giannakoula

Publisher: BRILL

ISBN: 9789004425231

Category: Law

Page: 103

View: 853

In Combating Crime in the Digital Age the authors offer a systematic and critical account of EU information systems in the area of freedom, security and justice. They examine personal data protection law, criminal procedure law and police law to propose safeguards and limitations addressing the emerging challenges for fundamental rights.
Categories: Law

European Data Protection In Good Health

European Data Protection  In Good Health

In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual ...

Author: Serge Gutwirth

Publisher: Springer Science & Business Media

ISBN: 9789400729025

Category: Law

Page: 368

View: 690

Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The ‘demand’ for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims; and citizens and customers are considered to be indifferent. In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual analysis of core concepts within the domain of privacy and data protection. The book’s first part focuses on surveillance, profiling and prediction; the second on regulation, enforcement, and security; and the third on some of the fundamental concepts in the area of privacy and data protection. Reading the various chapters it appears that the ‘patient’ needs to be cured of quite some weak spots, illnesses and malformations. European data protection is at a turning point and the new challenges are not only accentuating the existing flaws and the anticipated difficulties, but also, more positively, the merits and the need for strong and accurate data protection practices and rules in Europe, and elsewhere.
Categories: Law

Data Protection Migration and Border Control

Data Protection  Migration and Border Control

... The Rise of Big Data Policing (NYU Press 2017) Gutiérrez Zarza Á, 'Eurojust' in A Gutiérrez Zarza (ed), Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe (Springer 2015) Hailbronner K, ...

Author: Teresa Quintel

Publisher: Bloomsbury Publishing

ISBN: 9781509959655

Category: Law

Page: 283

View: 778

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
Categories: Law

Handbook on European data protection law

Handbook on European data protection law

Gutiérrez Zarza, A. (2015), Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe, Berlin, Springer. Gutwirth, S., Poullet, Y. and De Hert, P. (2010), Data protection in a profiled world, Dordrecht, ...

Author: Council of Europe

Publisher: Council of Europe

ISBN: 9789287198495

Category: Political Science

Page: 402

View: 189

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Categories: Political Science

Essential Texts on International and European Criminal Law

Essential Texts on International and European Criminal Law

This book comprises the principal multilateral legal instruments on international and European criminal law, with a special institutional focus on Europol, Eurojust and the European Public Prosecutor’s Office, a substantive focus on ...

Author: Gert Vermeulen

Publisher: Gompel&Svacina

ISBN: 9789463712835

Category: Law

Page: 992

View: 818

This book comprises the principal multilateral legal instruments on international and European criminal law, with a special institutional focus on Europol, Eurojust and the European Public Prosecutor’s Office, a substantive focus on international, organised and serious crime, including terrorism, and a focus on procedural rights approximation. Given the relevance thereof for international information exchange in criminal matters, relevant data protection instruments have also been included in the selection. The texts have been ordered according to the corresponding multilateral co-operation level: either Prüm, the European Union (comprising Schengen-related texts), the Council of Europe or the United Nations. This edition provides students as well as practitioners (judicial and law enforcement authorities, lawyers, researchers, …) throughout Europe with an accurate and up-to-date edition of essential texts on international and European criminal law. All texts have been updated until 13 January 2021.
Categories: Law