Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances - namely, what can I do if my data privacy rights are breached?
The expert contributors examine the jurisprudence of the Court of Justice of the European Union, the case law of the European Court of Human Rights and decisions by national courts. Together, they explore how judiciaries balance privacy and data protection rights against other interests and investigate the influence European courts have on national judges. This book also probes the ways in which courts deal with strategic litigation aimed at law and policy reform and, in doing so, sheds light on the role and ability of courts to safeguard privacy and data protection rights.
This topical resource will benefit both academics and students of law, particularly those interested in the protection of fundamental rights and freedoms. Both policy makers and legal professionals alike will benefit from the insight into the judicial decision-making activities concerning data protection.
Contributors include: M. Brkan, C. Cuijpers, P. De Hert, C. Di Cocco, J. Eichenhofer, G. González Fuster, C. Gusy, M. Husovec, T. Kyriakou, O. Lynskey, T. Ojanen, E. Psychogiopoulou, G. Sartor
Contents:
Foreword
I. Introduction: Courts, Privacy and Data Protection in the Digital Environment
Evangelia Psychogiopoulou and Maja Brkan
2. The Court of Justice of the EU, Privacy and Data Protection: Judge-made law as a leitmotif in fundamental rights protection
Maja Brkan
3. The European Court of Human Rights, Privacy and Data Protection in the digital era
Evangelia Psychogiopoulou
4. Courts, Privacy and Data protection in Belgium: Fundamental rights that might as well be struck from the Constitution
Paul De Hert
5. Courts, privacy and data protection in Finland: Making privacy and data protection real with a little help from the courts
Tuomas Ojanen
6. Courts, Privacy and Data Protection in Germany: Informational self-determination in the digital environment
Johannes Eichenhofer and Christoph Gusy
7. Courts, Privacy and Data Protection in Greece: Systemic inconsistencies and incoherence in a rapidly changing landscape
Tania Kyriakou
8. Courts, Privacy and Data Protection in Italy: Implied Constitutional Rights
Claudio Di Cocco and Giovanni Sartor
9. Courts, Privacy and Data Protection in The Netherlands: European influence and trends in litigation
Colette Cuijpers
10. Courts, Privacy and Data Protection in Slovakia: A Hesitant Guardian?
Martin Husovec
11. Courts, Privacy and Data Protection in Spain: Experiencing data protection's dominance
Gloria González Fuster
12. Courts, privacy and data protection in the UK: Why two wrongs don't make a right
Orla Lynskey
Index
