The Transformation of Privacy in an Era of Pre-emptive Surveillance
The aim of this article is to analyse the main elements of the emergent system of pre-emptive surveillance at a global scale and to assess the consequences of such a system for the protection of privacy. Firstly, the article will provide an analysis of pre-emptive surveillance practices as projected...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2015-12-01
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| Series: | Tilburg Law Review |
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| Online Access: | https://tilburglawreview.com/articles/84 |
| _version_ | 1811336110409777152 |
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| author | Valsamis Mitsilegas |
| author_facet | Valsamis Mitsilegas |
| author_sort | Valsamis Mitsilegas |
| collection | DOAJ |
| description | The aim of this article is to analyse the main elements of the emergent system of pre-emptive surveillance at a global scale and to assess the consequences of such a system for the protection of privacy. Firstly, the article will provide an analysis of pre-emptive surveillance practices as projected by US and EU law, focusing on the collection and exchange of every day passenger data (PNR), financial data (under the TFTP Programme) and mobile telecommunications data. After this mapping of pre-emptive surveillance practices, a critical overview of the impact of these practices on privacy will follow. Thereafter, the article will critically evaluate the legal responses that have been primarily developed in EU law in order to address the privacy challenges posed by pre-emptive surveillance. The aim is to highlight the transformation of the right to privacy by judiciaries in Europe in order to counter generalised, massive pre-emptive surveillance in the EU, the US and globally. |
| first_indexed | 2024-04-13T17:33:45Z |
| format | Article |
| id | doaj.art-ec47c32c6a344ebd93efa93ab5b3c44e |
| institution | Directory Open Access Journal |
| issn | 2211-2545 |
| language | English |
| last_indexed | 2024-04-13T17:33:45Z |
| publishDate | 2015-12-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Tilburg Law Review |
| spelling | doaj.art-ec47c32c6a344ebd93efa93ab5b3c44e2022-12-22T02:37:28ZengUbiquity PressTilburg Law Review2211-25452015-12-01201355710.1163/22112596-0200100678The Transformation of Privacy in an Era of Pre-emptive SurveillanceValsamis Mitsilegas0Professor of European Criminal Law, Director of the Criminal Justice Centre Head of the Department of Law, Queen Mary University, LondonThe aim of this article is to analyse the main elements of the emergent system of pre-emptive surveillance at a global scale and to assess the consequences of such a system for the protection of privacy. Firstly, the article will provide an analysis of pre-emptive surveillance practices as projected by US and EU law, focusing on the collection and exchange of every day passenger data (PNR), financial data (under the TFTP Programme) and mobile telecommunications data. After this mapping of pre-emptive surveillance practices, a critical overview of the impact of these practices on privacy will follow. Thereafter, the article will critically evaluate the legal responses that have been primarily developed in EU law in order to address the privacy challenges posed by pre-emptive surveillance. The aim is to highlight the transformation of the right to privacy by judiciaries in Europe in order to counter generalised, massive pre-emptive surveillance in the EU, the US and globally.https://tilburglawreview.com/articles/84counter-terrorismprivacydata protectionsurveillancePNRTFTPdata retention |
| spellingShingle | Valsamis Mitsilegas The Transformation of Privacy in an Era of Pre-emptive Surveillance Tilburg Law Review counter-terrorism privacy data protection surveillance PNR TFTP data retention |
| title | The Transformation of Privacy in an Era of Pre-emptive Surveillance |
| title_full | The Transformation of Privacy in an Era of Pre-emptive Surveillance |
| title_fullStr | The Transformation of Privacy in an Era of Pre-emptive Surveillance |
| title_full_unstemmed | The Transformation of Privacy in an Era of Pre-emptive Surveillance |
| title_short | The Transformation of Privacy in an Era of Pre-emptive Surveillance |
| title_sort | transformation of privacy in an era of pre emptive surveillance |
| topic | counter-terrorism privacy data protection surveillance PNR TFTP data retention |
| url | https://tilburglawreview.com/articles/84 |
| work_keys_str_mv | AT valsamismitsilegas thetransformationofprivacyinaneraofpreemptivesurveillance AT valsamismitsilegas transformationofprivacyinaneraofpreemptivesurveillance |