This essay examines the European Union's new turn towards protecting personal data against the police. The first part explores the developments that have given rise to these policies: the dramatic possibilities of today's digital technologies for the police and the intensification of police cooperation in the European Union following the terrorist attacks in New York, Madrid, and London. The second part analyzes the piece of legislation with the most significant data protection ramifications to be enacted at the time of this writing: the Data Retention Directive. The essay concludes with some thoughts on how the largely positive rights experience of the Data Retention Directive can inform the protection of other, classic liberal rights in the rapidly growing domain of European cooperation on fighting crime.
GW Paper Series
GWU Legal Studies Research Paper No. 2013-43; GWU Law School Public Law Research Paper No. 2013-43
Francesca Bignami, Protecting Privacy Against the Police in the European Union: The Data Retention Directive, in Melanges en l'Honneur de Philippe Leger: le droit a la mesure de l'homme 109 (Yves Bot et al. ed., 2006).