Measures for Ensuring Data Protection and Citizen Privacy Against the Threat of Crime and Terrorism: The European Response

Abstract

Europe has entered a new phase of growth in its history, and characterized by the fast deployment of modern electronic communications networks and information systems in the broader scope of a competitive, dynamic and knowledge-based economy. Network and information security is an essential evolving concept among current strategic issues. These can impact on a wide range of existing/emerging policies, citizens’ concerns, including the protection against crime and terrorist threats, and the adaptation of governance structures to effectively deal with such matters and to preserve national security, public safety and the economic well-being of the State. In this context, several measures (legal, regulatory and technical provisions) have been adopted by the European Union to ensure data protection, citizen privacy and the legitimate interest of legal persons. However, member states preserve the right to carry-out lawful interception of electronic communications, or take other measures such as retention of traffic data, when necessary, for exact and specific purposes, to preserve security and to meet the generally recognised objectives of preventing and combating crime and terrorism. The current work examines the “balance” between these two fundamental policy requirements, with the aim of offering a high level of protection in an area of liberty, security and justice.