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Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.
Within six weeks of 9/11, in a nation gripped by fear and hatred, Congress overwhelmingly approved the USA PATRIOT Act, drafted in secret by the Department of Justice. There was almost no debate, and few in Congress were given more than a few hours to read the 342-page document. In America's Unpatriotic Acts, award-winning journalist and university professor Walter M. Brasch looks not just at the effects of the PATRIOT Act upon the nation, but also at the innumerable civil rights violations conducted in the United States, as well as by the United States in foreign countries during the three years following 9/11.
Air carriers remain a front-line defense against acts of terrorism that target the nation¿s civil aviation system. A key responsibility of air carriers is to check passengers¿ names against terrorist watch-list records to identify persons who should be prevented from boarding (the No Fly List) or who should undergo additional security scrutiny (the Selectee List). Eventually, the Transport. Security Admin. (TSA) is to assume this responsibility through its Secure Flight program. However, due to program delays, air carriers retain this role. This report examined: (1) the watch-list-matching requirements air carriers must follow that have been established by TSA; and (2) the extent to which TSA has assessed air carriers¿ compliance with these requirements. Illus.
This book examines how legal, political, and rights discourses, security policies and practices migrate and translate across the North Atlantic. The complex relationship between liberty and security has been fundamentally recast and contested in liberal democracies since the start of the 'global war on terror'. In addition to recognizing new agencies, political pressures, and new sensitivities to difference, it is important that not to over-state the novelty of the post-9/11 era: the war on terror simply made possible the intensification, expansion, or strengthening of policies already in existence, or simply enabled the shutting down of debate. Working from a common theoretical frame, if different disciplines, these chapters present policy-oriented analyses of the actual practices of security, policing, and law in the European Union and Canada. They focus on questions of risk and exception, state sovereignty and governance, liberty and rights, law and transparency, policing and security. In particular, the essays are concerned with charting how policies, practices, and ideas migrate between Canada, the EU and its member states. By taking ‘field’ approach to the study of security practices, the volume is not constrained by national case study or the solipsistic debates within subfields and bridges legal, political, and sociological analysis. It will be of much interest to students of critical security studies, sociology, law, global governance and IR in general. Mark B. Salter is Associate Professor at the School of Political Studies, University of Ottawa.