EU Law and Mass Internet Metadata Surveillance in the Post-Snowden Era

A revised version of this paper will be in Media and Communications - Special Issue on Surveillance: Critical Analysis and Current Challenges (2015), Forthcoming

University of Cambridge Faculty of Law Research Paper No. 32/2015

11 Pages Posted: 3 Jun 2015 Last revised: 15 Sep 2015

See all articles by Nora Ni Loideain

Nora Ni Loideain

University of London - Institute of Advanced Legal Studies; Faculty of Law, University of Cambridge; Faculty of Humanities; King's College London – The Dickson Poon School of Law

Date Written: June 2, 2015

Abstract

Legal frameworks exist within democracies to prevent the misuse and abuse of personal data that law enforcement authorities obtain from private communication service providers. The fundamental rights to respect for private life and the protection of personal data underpin this framework within the European Union. Accordingly, the protection of the principles and safeguards required by these rights is key to ensuring that the oversight of State surveillance powers is robust and transparent. Furthermore, without the robust scrutiny of independent judicial review, the principles and safeguards guaranteed by these rights may become more illusory than real.

Following the Edward Snowden revelations, major concerns have been raised worldwide regarding the legality, necessity and proportionality standards governing these laws.

In 2014, the highest court in the EU struck down the legal framework that imposed a mandatory duty on communication service providers to undertake the mass retention of metadata for secret intelligence and law enforcement authorities across the EU. This article considers the impact of the Snowden revelations on this landmark judgment. Subsequently, the analysis explores the significance of this ruling for the future reform of EU law governing metadata surveillance and its contribution to the worldwide debate on blanket and covert monitoring in the post-Snowden era.

Keywords: Metadata, mass surveillance, privacy, EU law, ECHR, data protection, Edward Snowden

Suggested Citation

Ni Loideain, Nora, EU Law and Mass Internet Metadata Surveillance in the Post-Snowden Era (June 2, 2015). A revised version of this paper will be in Media and Communications - Special Issue on Surveillance: Critical Analysis and Current Challenges (2015), Forthcoming; University of Cambridge Faculty of Law Research Paper No. 32/2015. Available at SSRN: https://ssrn.com/abstract=2613424

Nora Ni Loideain (Contact Author)

University of London - Institute of Advanced Legal Studies ( email )

Charles Clore House
17 Russell Square
London, WC1B 5DR
United Kingdom

HOME PAGE: http://ials.sas.ac.uk/about/about-us/people/nóra-ni-loideain

Faculty of Law, University of Cambridge ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

HOME PAGE: http://www.crassh.cam.ac.uk/people/profile/nora-ni-loideain

Faculty of Humanities ( email )

PO Box 524
Auckland Park
Johannesburg, Gauteng 2006
South Africa

King's College London – The Dickson Poon School of Law

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
431
Abstract Views
2,052
rank
68,051
PlumX Metrics