Six protection goals provide a common scheme for addressing the legal, technical, economic, and societal dimensions of privacy and data protection in complex IT systems. In this paper, each of these is analyzed for state of the art in implementation, existing techniques and technologies, and future research indications.

/pdf/protection-goals-for-privacy-engineering-2ihj73f53z.pdf

Protection Goals for Privacy Engineering

Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.

Contestation and Constitution of Norms in Global International Relations

This is the first chapter of the book 'Improving Privacy Protection in the area of Behavioural Targeting.' The book, based on the author's PhD dissertation, discusses how European law could improve privacy protection in the area of behavioural targeting. Behavioural targeting, also referred to as online profiling, involves monitoring people’s online behaviour, and using the collected information to show people individually targeted advertisements. To protect privacy in the area of behavioural targeting, the EU lawmaker mainly relies on the consent requirement for the use of tracking technologies in the e-Privacy Directive, and on general data protection law. With informed consent requirements, the law aims to empower people to make choices in their best interests. But behavioural studies cast doubt on the effectiveness of the empowerment approach as a privacy protection measure. Many people click “I agree” to any statement that is presented to them. Therefore, to mitigate privacy problems such as chilling effects, this study argues for a combined approach of protecting and empowering the individual. Compared to the current approach, the lawmaker should focus more on protecting people.

Improving Privacy Protection in the Area of Behavioural Targeting

/pdf/state-secrecy-and-human-rights-violations-3wslp985cc.pdf

State secrecy and human rights violations

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945 It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law

/pdf/international-law-and-new-wars-16pflcxodu.pdf

International Law and New Wars

based on EU secondary legislation and does not yet take into account the fundamental right to data protection enshrined in the Charter of Fundamental Rights of the European Union that has meanwhile become a binding part of EU primary law. Both legal developments raise the question of whether the fundamental right to data protection is only a subset of the right to privacy, or whether it also provides additional protection. This article discusses the relevant jurisprudence of Europe’s two highest courts, the European Court of Human Rights in Strasbourg (the Strasbourg Court or ECtHR) and the CJEU, with regard to the differences between privacy and data protection. Though both courts tend to treat data protection as an expression of the right to privacy, the specifics of each right must be respected. Before turning to the case law, it is necessary to address the two underlying systems of fundamental rights protection, as well as the specific provisions on privacy and data protection within these two systems. Afterwards we will examine the interpretation of the two rights by the two courts and highlight the differences between them. Finally, we will attempt to illustrate the differences and overlaps between privacy and data protection using the example of the pending Google and Google Spain case. The Convention and the Charter

/pdf/the-distinction-between-privacy-and-data-protection-in-the-5ckwdwb2le.pdf

The distinction between privacy and data protection in the jurisprudence of the CJEU and the ECtHR

The Kadi judgment of the European Court of Justice has provoked severe criticism. The Court's dualist approach was described as unfaithful to its traditional fidelity to public international law and inserting itself in the tradition of nationalism. However, we argue that the Court indicated a possible opening to allow for precedence of Security Council measures, if sufficient safeguards for human rights are created. Moreover, it seems that the Security Council has risen to the challenge by introducing a strong review mechanism. Though this mechanism cannot exclude all possible conflicts between EU and UN law, it can significantly reduce the risk of divergent decisions.

The Kadi Case – Constitutional Core Values and International Law – Finding the Balance?

This working paper is based on the Distinguished Lecture given by Advocate General Kokott at the Academy of European Law Summer School on 29 June 2010.

The Charter of Fundamental Rights of the European Union after Lisbon

Investment arbitration is based on international agreements and operates in parallel to the EU legal and judicial system. Therefore conflicts between EU law and investment protection are possible. These may result from the substantial investment protection standards, but also from the operation of a parallel system of judicial protection. The EU law position on such conflicts will depend on whether the investment agreement was concluded between Member States, between Member States and other countries, or between the EU and other countries.

Investment Arbitration and EU Law

This paper addresses two issues of primary importance to the protection of fundamental rights in EU. First, it examines the future place of judgements of the European Court of Human Rights in EU jurisprudence against the backdrop of the recent (negative) Opinion of the Court of Justice on EU accession to the European Convention of Human Rights. Secondly, the paper explores the notion of the scope of application of EU fundamental rights with regard to Member States action in the light of the ruling of the Court of Justice in Arkerberg Fransson. With regard to the former question, it will be here argued that the case law of the Court of Human Rights maintains its position in the EU legal system due to the combined effects of Article 6 (3) TEU and Article 52 (3) of the EU Charter of Fundamental Rights. From the point of view of the Convention, the same is reflected in the 'Bosphorus' jurisprudence of the Court of Human Rights. As regards the second issue, the demarcation between the parameters of EU fundamental rights protection and the sphere in which Member State law retains exclusive responsibility over fundamental rights has been afforded deeper precision, both by the cases of Akerberg Fransson itself and in subsequent rulings. this is considered to be a welcome development.

Protection of Fundamental Rights in the European Union: On the Relationship between EU Fundamental Rights, the European Convention and National Standards of Protection

Juliane Kokott

Papers

The distinction between privacy and data protection in the jurisprudence of the CJEU and the ECtHR

The Kadi Case – Constitutional Core Values and International Law – Finding the Balance?

The Charter of Fundamental Rights of the European Union after Lisbon

Investment Arbitration and EU Law

Protection of Fundamental Rights in the European Union: On the Relationship between EU Fundamental Rights, the European Convention and National Standards of Protection