The Impact of Directive (EU) 2016/680 on the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties and on the Free Movement of Such Data on the Existing Privacy Regime

Tor does not stink: Use and abuse of the Tor anonymity network from the perspective of law

Abstract: Tor is one of the most popular technical means of anonymising one's identity and location online. While it has been around for more than a decade, it is only in recent years that Tor has begun appearing in mainstream media and openly catching the attention of governments and private citizens alike. The conflicting interests related to the use and abuse of Tor also raise a number of legal issues that are yet to be analysed in depth in academic literature. This article focuses on a number of relevant legal issues pertaining to Tor and reflects our initial legal comments, while noting that all of the identified legal questions merit further research. After introducing the technical side of Tor and the attitudes of governments towards it, we (1) explore the human rights connotations of the anonymity provided by Tor, coming to the conclusion that this anonymity is an integral part of certain human rights, particularly the right to privacy and the right to freedom of expression. Government activities with respect to Tor should thus not be unlimited. In relation to this, we (2) provide a closer look at the problem of content liability of the Tor exit node operators. Finally, we (3) point out several legal problems in conducting criminal investigations with the need to obtain the evidence from the Tor network. We conduct this legal analysis in the context of international and European law, paying a particular attention to the case law of the European Court of Human Rights and the Court of Justice of the European Union.

The Police and Criminal Justice Authorities Directive: Data protection standards and impact on the legal framework

Abstract: This article presents a two-sided analysis of the recently adopted Police and Criminal Justice Authorities Directive. First, it examines the impact of the Directive on the current legal framework and considers to what extent it is capable of overcoming existing obstacles to a consistent and comprehensive data protection scheme in the area of police and criminal justice. Second, it delivers a brief outline and review of the provisions of the Directive itself and explores whether the instrument improves upon the current legislation and sets out adequate data protection rules and standards. Analyzing the Directive from these angles, this article finds that while a considerable improvement and major step forward for the protection of personal data in its field, the Directive is unlikely to mend the fragmented legal framework and achieve the intended high level of data protection standards consistent across European Union member states.

Beyond the security paradox: Ten criteria for a socially informed security policy:

Abstract: This article investigates the normative and procedural criteria adopted by European citizens to assess the acceptability of surveillance-oriented security technologies. It draws on qualitative data...

Strengthening cross-border law enforcement cooperation in the EU: the Prüm network of data exchange

Abstract: The Prum network was established to provide mechanisms and the infrastructure to achieve a closer cooperation between the EU member states in combating terrorism, organised crime and illegal immigration through the cross border exchange of DNA profiles, fingerprints and vehicle registration data. While Prum offers clear benefits for cross-border policing, it continues to present challenges of a technical and scientific nature as well as legal, ethical and socioeconomic concerns. This article reviews these challenges as well as the existing safeguards. It argues that, in order to achieve Prum benefits and maximise its potential, it is important to enhance the necessary dialogue and cooperation between member states so as to confront the above concerns and address challenges posed by Prum through balanced measures.

Telemedizin in der Intensivmedizin

Abstract: Telemedizin implementiert in der Intensivmedizin zusatzliche arztliche Expertise und Kompetenz, welche bedarfsgerecht, hochverfugbar und kosteneffizient am jeweils notwendigen Ort vorhanden ist. Telemedizin realisiert in der Intensivmedizin ein digitales Gesundheitsnetzwerk als neue digitale Versorgungsform. Telemedizin ermoglicht damit in der Intensivmedizin eine Strukturinnovation und verbessert messbar und flachendeckend die Behandlungs- und Prozessqualitat, sowie die Effizienz der Versorgung relevanter Patientenkollektive.