Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards
This article deals with the problem of collecting, retaining and processing location data for use in criminal proceedings. The collection of location data is an interference with the right to privacy (the Article 8 of the ECHR, the Article 7 of the Charter). However, such interference is permissible...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2021-03-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/503 |
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| author | Dominika Czerniak |
| author_facet | Dominika Czerniak |
| author_sort | Dominika Czerniak |
| collection | DOAJ |
| description | This article deals with the problem of collecting, retaining and processing location data for use in criminal proceedings. The collection of location data is an interference with the right to privacy (the Article 8 of the ECHR, the Article 7 of the Charter). However, such interference is permissible if it pursues the aims indicated in Article 8(2) of the ECHR (prevention of and fight against serious crime, protection of general security, national security). Therefore, the question arises as to when the procedural authorities may obtain location data (what offences may justify interference with the right to privacy) and what conditions should be met by national law with regard to this issue. The ECtHR and the CJEU are increasingly dealing with cases that concern the collection of location data in real time and data retention by telecommunications service providers. This requires an assessment of whether a European standard has now been developed and, if so, what is the standard? |
| format | Article |
| id | doaj-art-857e8ff7261f41dba8cd1c8c08da455b |
| institution | Matheson Library |
| issn | 2525-510X |
| language | English |
| publishDate | 2021-03-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-857e8ff7261f41dba8cd1c8c08da455b2025-08-02T12:46:27ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2021-03-017110.22197/rbdpp.v7i1.503220Collection of location data in criminal proceedings – European (the EU and Strasbourg) standardsDominika Czerniak0Department Criminal Procedure Faculty of Law, Administration and Economics Univeristy of WrocławThis article deals with the problem of collecting, retaining and processing location data for use in criminal proceedings. The collection of location data is an interference with the right to privacy (the Article 8 of the ECHR, the Article 7 of the Charter). However, such interference is permissible if it pursues the aims indicated in Article 8(2) of the ECHR (prevention of and fight against serious crime, protection of general security, national security). Therefore, the question arises as to when the procedural authorities may obtain location data (what offences may justify interference with the right to privacy) and what conditions should be met by national law with regard to this issue. The ECtHR and the CJEU are increasingly dealing with cases that concern the collection of location data in real time and data retention by telecommunications service providers. This requires an assessment of whether a European standard has now been developed and, if so, what is the standard?http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/503criminal procedurehuman rightsright to privacylocation datadata retention. |
| spellingShingle | Dominika Czerniak Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards Revista Brasileira de Direito Processual Penal criminal procedure human rights right to privacy location data data retention. |
| title | Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards |
| title_full | Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards |
| title_fullStr | Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards |
| title_full_unstemmed | Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards |
| title_short | Collection of location data in criminal proceedings – European (the EU and Strasbourg) standards |
| title_sort | collection of location data in criminal proceedings european the eu and strasbourg standards |
| topic | criminal procedure human rights right to privacy location data data retention. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/503 |
| work_keys_str_mv | AT dominikaczerniak collectionoflocationdataincriminalproceedingseuropeantheeuandstrasbourgstandards |