CPDP 2018: NATIONAL SECURITY: A FREE LICENCE FOR GOVERNMENT SURVEILLANCE?

Описание: NATIONAL SECURITY: A FREE LICENCE FOR GOVERNMENT SURVEILLANCE?

Organised by Council of Bars and Law Societies of Europe

Chair: Iain G. Mitchell, CCBE (BE)

Moderator: Joseph Cannataci, UN Special Rapporteur on the right to privacy (INT)

Speakers: Isabelle Falque-Pierrotin, CNIL (FR); Sophie in ‘t Veld, MEP (EU); Michiel Pestman, Prakken d'Oliveira (NL); Cecilia-Joanna Verkleij, DG Home (EU)

As national security issues can involve high stakes, it is important to critically analyse arguments invoking national security as a justification for measures limiting citizen’s rights, particularly, data protection. However, a universally accepted definition of national security does not exist. Both at international and national level the term is not adequately specified. As a result, data protection infringements based on national security reasons cannot be effectively reviewed in courts to ensure that they comply with a strict test of what is necessary and proportionate.

In this panel, policy makers, academics, lawyers and law enforcement specialists will debate if and how the notion of national security as a justification for surveillance measures can be better embedded in national democratic systems, where a key element of constitutionality remains in the effective judicial controland supervision of government action.

How do the different stakeholders understand the notion of national security, particularly in relation to government surveillance?
Is it possible and desirable to define the notion of national security?
What measures can be taken to avoid or limit abuses of the use of national security exceptions to restrict data protection rights?