Privacy Limitation Clauses
Subtitle: Trojan Horses under the Disguise of Democracy
Publisher: Kluwer Law International
Published: 2016
Language: eng
Number of pages: 304
ISBN-13: 9789041186003
Description: "The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today, the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book...analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy, and if the grounds to do so are acceptable within a democratic society. Unpacking the complexity of various factors on each side privacy and the general interest of safety the author...describes the following major areas of current law: data protection regulators; regulations on interception and retention of personal data in the telecommunications sector; anti-money laundering; and strategies used to protect national security against terrorist activities. The analysis pays...attention to the relevant provisions of international and regional conventions, deliberated principles and guidelines and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account. This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens rights of privacy and the procedures in place to legitimise these intrusions. This book proposes a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy."--