Data Retention in Europe and Beyond - Law and Policy in the Aftermath of an Invalidated Directive

In the aftermath of the invalidated Data Retention Directive, the Court of Justice of the European Union (CJEU) published extensive case law that shaped the rules, requirements, and safeguards on the retention of traffic and location data and their subsequent access for law enforcement purposes in accordance with EU law.

Against this backdrop, Data Retention in Europe and Beyond unites leading scholars and practitioners to offer a cutting-edge and multifaceted analysis of issues relating to data retention. The chapters in this book explore the development of the EU case law, the interaction with European Court of Human Rights (ECtHR) jurisprudence, the interplay between data retention and mass surveillance, the proportionality principle in the CJEU jurisprudence rulings, and data retention in the proposed ePrivacy Regulation. The book offers eleven country-specific analyses of European Member States as well as chapters on the data protection regimes of India, Japan, and the US. Further chapters examine the role of the courts in the context of data retention and discuss epistemic (in)justice. The book also contains extensive contributions on automated analysis of retained data by means of algorithms, and retention as intrinsic facet of administrative and surveillance vulnerability.

Comprehensive and informative, this volume not only provides a critical assessment of legal and policy developments, but also will inform policymakers on the potential future for data retention regulation in the European Union and beyond.

1:Introduction: Data Retention in the EU and Beyond: An Evolving Landscape, Eleni Kosta and Irene Kamara
2:The Evolution of the CJEU Case Law on Data Retention: Towards the Regulation of Access, Eleni Kosta
3:Data Retention and the Judicial Parameters of Mass Surveillance in EU Law, Valsamis Mitsilegas
4:A Critical Comment on Proportionality in the Mass Surveillance Jurisprudence of the CJEU and the ECtHR, Lorenzo Dalla Corte
5:Proportionality and Strict Proportionality in the Case-law of the Court of Justice of the European Union on Data Retention, Daniele Nardi
6:Data Retention in the Proposed ePrivacy Regulation Caught between the Well-established Case Law of the Court of Justice and the Deep Disagreements of the EU Legislature: For a Legally Compliant Way Forward, Xavier Tracol
7:Data Retention in Germany: Not a Never-ending Story After All?, Matthias Bäcker
8:The Long Way to the Compliance of Data Retention with European Union Law: The Italian Case, Luigi Montuori and Veronica Tondi
9:Consequences of the Collapse of a Directive: The Aftermath of CJEU Data Retention Case Law on Cypriot Jurisprudence, Christiana Markou
10:Data Retention in Ireland: When European Law Meets National Recalcitrance, TJ McIntyre
11:A Clash Between the French System and the CJEU Case Law on Data Retention?, Maxime Lassalle
12:Data Retention Amid the Erosion of the Constitutional Order: The Case of Poland, Magdalena Brewczyńska
13:The Impact-or No Impact-of the CJEU Case Law on Data Retention in Spain, Lorena Bachmaier Winter and Antonio Martínez Santos
14:Data Retention and Law Enforcement in the Netherlands, Marc van der HamEsther Baars
15:To Retain or (not) to Retain Data? The Danish Case, Ayo Næsborg-Andersen
16:Belgium's New Data Retention Legislation: Third Time Lucky, or Three Strikes and You're Out?, Vanessa Franssen and Catherine Van de Heyning
17:The Swedish Data Retention Saga: From EU Initiator to Penalty Payments, Reviewed and Revised National Rules, Maria Bergström
18:Data Retention and Law Enforcement Access to Personal Data in India, Shweta Reddy Degalahal
19:Regulating Data Retention in Japan, Xenofon V Kontargyris
20:Regulating Access: A Brief Overview of US Regulations on Access to Communications Data, Bryce Clayton Newell
21:The Judicialization of EU Data Retention Law: Epistemic Injustice and the Construction of an Unequal Surveillance Regime, Maria Tzanou
22:Data Retention as a Matter of Constitutional Law, Marco Bassini
23:Passenger Name Records: Necessary Data Retention to Fight Crime and Terrorism, or Threatening Privacy and Data Protection?, Lucas M Haitsma, Oskar J Gstrein, Heinrich Winter
24:Data Retention and Automated Processing of Personal Data: Unpacking the CJEU's Approach, Niovi Vavoula
25:Automated Analysis in the AFSJ and Digital Single Market Monitoring: An Effaced Nexus, Maria Grazia Porcedda
26:On Administrative and Surveillance Vulnerability and the Digital Government in the EU, Maria-Lucia Rebrean and Gianclaudio Malgieri
27:Data Retention and the 'Chilling Effect' in the Context of Mass Surveillance and a Tacit Sift Towards a Hobbesian state in Western Democracies, Ivan Manokha