Abstract

http://ssrn.com/abstract=2360473
 
 

References (26)



 


 



Mass Surveillance of Personal Data by EU Member States and Its Compatibility with EU Law


Didier Bigo


Ceri Sciences PO

Sergio Carrera


Centre for European Policy Studies

Nicholas Hernanz


Centre for European Policy Studies (CEPS)

Julien Jeandesboz


Independent

Joanna Parkin


Centre for European Policy Studies (CEPS)

Francesco Rossi Ragazzi


Leiden University

Amandine Scherrer


The Open University - Centre for Conflict Studies, Liberty and Security (CCLS)

November 6, 2013

Liberty and Security in Europe Papers No. 61

Abstract:     
In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this paper assesses the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of these practices, which represent a reconfiguration of traditional intelligence gathering, the paper contends that an analysis of European surveillance programmes cannot be reduced to a question of the balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The paper argues that these programmes do not stand outside the realm of EU intervention but can be analysed from an EU law perspective via i) an understanding of national security in a democratic rule of law framework where fundamental human rights and judicial oversight constitute key norms; ii) the risks posed to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners and iii) the potential spillover into the activities and responsibilities of EU agencies. The paper then presents a set of policy recommendations to the European Parliament.

Number of Pages in PDF File: 65

Keywords: NSA, PRISM, mass surveillance, personal data, EU Member States, EU Law

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Date posted: November 28, 2013  

Suggested Citation

Bigo, Didier and Carrera, Sergio and Hernanz, Nicholas and Jeandesboz, Julien and Parkin, Joanna and Ragazzi, Francesco Rossi and Scherrer , Amandine, Mass Surveillance of Personal Data by EU Member States and Its Compatibility with EU Law (November 6, 2013). Liberty and Security in Europe Papers No. 61. Available at SSRN: http://ssrn.com/abstract=2360473

Contact Information

Didier Bigo (Contact Author)
Ceri Sciences PO ( email )
56 Rue Jacob
75006 Paris
France
Sergio Carrera
Centre for European Policy Studies ( email )
1 Place du Congres
B-1000 Brussels, 1000
Belgium
+32 2 229 39 26 (Phone)
Nicholas Hernanz
Centre for European Policy Studies (CEPS) ( email )
1 Place du Congres, 1000
Brussels, 1000
Belgium
Julien Jeandesboz
Independent
No Address Available
Joanna Parkin
Centre for European Policy Studies (CEPS) ( email )
1 Place du Congres, 1000
Brussels, 1000
Belgium
Francesco Rossi Ragazzi
Leiden University ( email )
Postbus 9500
Leiden, 2300 RA
Netherlands
Amandine Scherrer
The Open University - Centre for Conflict Studies, Liberty and Security (CCLS) ( email )
United Kingdom
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References:  26

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