Balancing Security and Privacy: Analyzing the Effectiveness of EU Digital Surveillance Laws in Criminal Proceedings

This research examines the complex balance between privacy and law enforcement in EU digital surveillance laws during criminal proceedings. It analyzes how these laws protect individual rights while ensuring security through case studies and legal analysis. Landmark cases like Digital Rights Ireland, Schrems decisions, and Tele2 Sverige illustrate the European courts' preference for targeted surveillance over mass data collection, highlighting tensions between privacy and security. Although these laws provide essential privacy safeguards, challenges exist in their practical application, especially in cross-border investigations. The study concludes with suggestions to improve the efficacy of these laws, ensuring they uphold fundamental rights protections effectively.

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Publication Details

Journal
International Journal of Law and Societal Studies
Published
2025-09-26
DOI
https://doi.org/10.61424/ijlss.v2i1.445
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

Balancing Security and Privacy: Analyzing the Effectiveness of EU Digital Surveillance Laws in Criminal Proceedings

Shpëtim KARAKUSHI
International Journal of Law and Societal Studies
European Criminal Justice and Data Protection
article

Balancing Security and Privacy: Analyzing the Effectiveness of EU Digital Surveillance Laws in Criminal Proceedings

Shpëtim KARAKUSHI
article en

Abstract

This research examines the complex balance between privacy and law enforcement in EU digital surveillance laws during criminal proceedings. It analyzes how these laws protect individual rights while ensuring security through case studies and legal analysis. Landmark cases like Digital Rights Ireland, Schrems decisions, and Tele2 Sverige illustrate the European courts' preference for targeted surveillance over mass data collection, highlighting tensions between privacy and security. Although these laws provide essential privacy safeguards, challenges exist in their practical application, especially in cross-border investigations. The study concludes with suggestions to improve the efficacy of these laws, ensuring they uphold fundamental rights protections effectively.

International Journal of Law and Societal StudiesVol. 2(1)
University of Tirana (AL)
Openalex Percentile: Top 69%
European Criminal Justice and Data Protection
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