The European Union as Guardian of Internet Privacy

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance.

The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain.

Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as anessential element of data protection and it gives the EU a strong mandate to act in the global arena.

The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book.

The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities.

It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation.

This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.

The first to take the perspective of the EU Treaties and an actor-based approach Describes privacy and data protection as constitutional values that matter in our societies Is highly topical in view of recent landmark cases of the Court of Justice of the EU Is relevant to the development of a new EU legislative framework on data protection

Auteur

Hielke Hijmans has a long standing experience in the public administration and has worked in advisory and management functions for the European Data Protection Supervisor, the European Court of Justice and the Ministry of Justice in The Hague. He is a Dutch national, specialised in EU law and privacy law. In these areas he publicized extensively.

Contenu

Preface.- Foreword.- Chapter 1. Introduction.- Chapter 2. Privacy and Data Protection as Values of the EU that matter, also in the Information Society.- Chapter 3. Internet and Loss of Control in an Era of Big Data and Mass Surveillance.- Chapter 4. The Mandate of the EU under Article 16 TFEU and the Perspectives of Legitimacy and Effectiveness.- Chapter 5. Understanding and Assessing the Contribution of the CJEU to the Mandate under Article 16 TFEU.- Chapter 6. Understanding the Scope and Limits of the EU Legislator's Contribution to the Mandate under Article 16 TFEU.- Chapter 7. Understanding the Role of Independent, Effective and Accountable DPAs: New Branches of Government in between the Union and the Member States.- Chapter 8. Understanding the Role of Cooperation Mechanisms of DPAs: Towards a Layered Model of Horizontal Cooperation between DPAs, a Structured Network of DPAs and a European DPA.- Chapter 9. Understanding the EU Mandate under Article 16 TFEU in the External Domain: Towards a Mix of Unilateral, Bilateral and Multilateral Strategies.- Chapter 10. Making Article 16 TFEU Work: Analysis and Conclusions.- Annex I: Consulted documents.- Legislation and proposed legislation.- Case law.- Policy documents.- Other references.