26/09/2018
09:30 18:00

Queen Mary University London (QMUL) - Sciences Po Paris (CERI-RESO)

26th of September 2018

10h00-10h30: Introduction
Elspeth Guild (Queen Mary University of London – QMUL, UK) : “The two European Supra-National Courts and the Right to Privacy”

In this opening session we will set the stage for the day’s proceedings. The key issues will be set out in particular: the relationship of the two courts and their approaches to the right to privacy; the challenges and opportunities regarding privacy and electronic surveillance which the two courts are currently facing. In each of the four panels which follow, specific aspects of these challenges and opportunities will be developed.

10h30-12h00: Panel 1 Domestic Surveillance and European Courts

In this first panel, we will examine four judgments, two each from the ECtHR and the CJEU on permissibility of domestic surveillance measures by public bodies in the pursuit of anti-terrorism and/or serious crime objectives in light of the right to respect for privacy. Each judgment will be examined regarding the limits of state surveillance which each of the courts places on public bodies. The arguments that have been made by the parties and the courts’ appreciation of them in each judgment will be analysed and compared. The reasoning of the courts’ judgments will be set out and examined. The panel will reflect on the coherence and consistency of the judgments and the reasoning of the courts in each of the judgments. Consistency between judgments of the same court and among the four judgments will be central to this panel.

Judgments :(i) ECtHR: Zakharov, Szabó; (ii) CJEU: Tele2, EU Canada PNR

Chair:
Elspeth Guild (Queen Mary University of London – QMUL, UK)

Panelists:
Lorna Woods (University of Essex, UK) and Jean-Philippe Foegle (Université Paris X Nanterre, France) (Zakharov)
Máté Dániel Szabó and Susie Alegre, Independent Consultant (Szabó)
Orla Lynskey (London School of Economics – LSE UK) and Mara Wesseling (University of Amsterdam – UVA, The Netherlands) (Tele2)
Elif Mendos Kuskonmaz (Queen Mary University of London – QMUL, UK) and Arianna Vedaschi (Bocconi University, Italy) (EU Canada PNR)

Commentary:
Kurt Graulich (Humboldt University of Berlin, Germany)

12h00-13h30: Panel 2 External Surveillance and European Courts

IIn this second panel, we will look at the judgments from and the pending litigation before the ECtHR and the CJEU on different schemes of external surveillance. By external surveillance we mean surveillance which extends beyond the jurisdiction of the state and engages the privacy of individuals who may or may not live in the states whose agencies are collecting, manipulating and sharing their data. It covers inter-state cooperation to share personal data and state-private sector arrangements for personal data sharing in a transnational setting.

Judgments: (i) ECtHR: Weber and Saravia, Big Brother; (ii) CJEU: Schrems, EU Canada PNR

Chair:
Didier Bigo (Sciences Po-CERI)

Panelists:
Kurt Graulich (Humboldt University of Berlin, Germany)
Lorna Woods, (University of Essex, UK) and Scarlet Kim (Privacy International, UK) (Big Brother)
Jeremy Heymann (Université Lumière Lyon 2, France) and Elaine Fahey, (City University of London, UK)
Elif Mendos Kuskonmaz (Queen Mary University of London – QMUL, UK) and Ricardo Rodrigues de Oliveira (European University Institute, Italy) (EU Canada PNR)

Commentary:
Théodore Christakis (Université Grenoble Alpes, France)

13h30–14h30: Lunch

14h30-16h00: Panel 3 Biometrics, Internet, and European Courts

In this third panel, we will consider cases involving the use of different types of information about individuals, and the extent which that information is protected under European privacy law. Some authorities are seeking to differentiate certain types of data with the objective of isolating elements which escape the definition of personal data, and hence the protection of the right to privacy. Among these efforts to escape the rules of privacy are the definitions of location, traffic, and subscriber information; the latter alleged to be considered as outside the scope of those rules. To what extend is there support for such efforts in the judgments of the ECtHR and the CJEU? Answering this question is of great importance because types of information for which public actors seek vary exponentially as information gathering, sharing, and manipulation have been made easier. Particularly, biometrics is becoming a central instrument for interoperability and platforms of integration providing elements of de-anonymization of previously anonymized data, rendering the task of the Courts more complex. This is a graving challenge both now and for the future.

Judgments: (i) ECtHR: S and Marper; (ii) Digital Rights Ireland, Google Spain, EU Canada PNR

Chair:
Marie-Laure Basilien-Gainche (Université Jean Moulin Lyon 3, France)

Panelists:
 Nóra Ni Loideain (Institute of Advanced Legal Studies, UK) and Marie-Laure Basilien-Gainche (Université Jean Moulin Lyon 3, France) (Digital Rights Ireland)
 Niovi Vavoula (Queen Mary University of London – QMUL, UK) and Evelien Brouwer (Vrije Universiteit Amsterdam, The Netherlands) (S and Marper)
Jeremy Heymann (Université Lumière Lyon 2, France) And Orla Lynskey, (London School of Economics LSE, UK) (Google Spain)
Arianna Vedaschi (Bocconi University, Italy) and Ricardo Rodrigues de Oliveira (European University Institute, Italy) (EU Canada PNR)

Commentary:
Ségolène Barbou des Places (Université Paris 1 Panthéon-Sorbonne, France)

16h00–16h15: Coffee break

16h15-17h45: Panel 4 Surveillance before National Courts

In this final panel, we will take stock of the pending litigation before national courts on surveillance measures of certain states, and make educated guesses on their possible results. This panel will also examine key aspects of recently adopted national legislation that engages the issues developed in the previous panels.

Legislation: France – 2015 Intelligence Act; Germany – BND law ; UK – Investigatory Powers Act ; USA - CLOUD Act

Chair:
Valsamis Mitsilegas, (Queen Mary University of London, UK)

Panelists:
Marie-Laure Basilien-Gainche (Université Jean Moulin Lyon 3, France) and Félix Tréguer (Institute for Communication Sciences – ISCC, France) (France – 2015 Intelligence Act)
Lorna Woods, (University of Essex, UK) and Scarlet Kim (Privacy International, UK) (UK – Investigatory Powers Act)
Kurt Graulich (Humboldt University of Berlin, Germany) and Thorsten Wetzling, (Stiftung Neue Verantwortung, Germany) (Germany – BND law)
Théodore Christakis (Université Grenoble Alpes, France) (USA - CLOUD Act)

Commentary:
Jeremy Heymann (Université Lumière Lyon 2, France) 

17h45-18h00:  Conclusions
Elspeth Guild (Queen Mary University of London – QMUL, UK)

 

                                Free registration here (subject to availability)

 

 

Organisé par : CERI