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Vol 22 No 2 Feb/March 2017

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Surveillance, Privacy and Trans-Atlantic Relations

Edited by: David Cole, Federico Fabbrini, Stephen Schulhofer

ISBN13: 9781509905416
Published: December 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00

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Concerns for privacy in the face of increasing governmental surveillance have recently been voiced both in the European Union and the United States.

The purpose of this book, which brings together some of the leading experts in the field of constitutional law, criminal law and human rights both from the US and the EU, is to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights.

In particular, the book focuses on transatlantic relationship, considering whether the EU and the US should develop joint transnational mechanisms to protect privacy as a way to safeguard human rights on a reciprocal basis in the two largest constitutional unions worldwide.

Human Rights and Civil Liberties
1. Introduction: Privacy and Surveillance in Transatlantic Perspective David Cole, Federico Fabbrini and Stephen Schulhofer

Part I: Domestic Perspective
2. Rights-based Review of Electronic Surveillance after Digital Rights Ireland and Schrems in the European Union Tuomas Ojanen
3. Domestic Surveillance of Public Activities and Transactions with Third Parties: Melding European and American Approaches Christopher Slobogin

Part II: Comparative Perspective
4. Privacy Federalism in the United States and the European Union: The Role of State Institutions Bilyana Petkova
5. From DRD to PNR: Looking for a New Balance Between Privacy and Security Arianna Vedaschi and Gabriele Marino Noberasco

Part III: Perspective of Private Corporations
6. The Possibilities and Limits of Corporations as Privacy Protectors in the Digital Age Jonathan Hafetz
7. The Right to Privacy, Surveillance and the Global Obligations of Corporations David Bilchitz

Part IV: Perspective of NGOs and Oversight Authorities
8. Mass Surveillance and Oversight Hilde Bos-Ollermann
9. In re EPIC and the Role of NGOs and Experts in Surveillance Cases Marc Rotenberg

Part V: Transatlantic Perspective
10. A Transatlantic Privacy Pact?: A Sceptical View Stephen J Schulhofer
11. Transatlantic Negotiations for Transatlantic Rights: Why an EU-US Agreement is the Best Option for Protecting Privacy Against Cross-border Surveillance David Cole and Federico Fabbrini
12. Concluding Remarks Peter Hustinx