The Fragmented Landscape of Fundamental Rights Protection in Europe
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The Fragmented Landscape of Fundamental Rights Protection in Europe

The Role of Judicial and Non-Judicial Actors

Edited by Lorenza Violini and Antonia Baraggia

The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
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Chapter 6: Balancing privacy and national security in the global digital era: A comparative perspective of EU and US constitutional systems

Luca Pietro Vanoni

Abstract

Particularly after the Datagate revelations, the clash between privacy and security has become one of the most controversial topics of our time. This paper deals with this topic from a comparative perspective, looking at the balance between data protection and national security provide by EU and US constitutional systems. Following the adoption of the Charter of Fundamental Rights of the European Union, the EU would appear to guarantee a high degree of privacy protection. By contrast, in the United States privacy protection has weakened as the technology used in combating international terrorism has improved. The two systems clearly differ in approach but comparing them also brings to the surface various points that could be useful in defining a common, global approach to privacy.

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