ABSTRACT
In relation to European Union (EU) law on data protection and privacy rights, Lowe is critical of EU Directives related to the rights along with how the Court of Justice of the European Union is interpreting the legislation, seeing it as fettering investigations into terrorism and organised criminal activity. All accept that state agencies must have the ability to interfere with privacy rights and personal data protection when necessary to investigate terrorism and serious crime, provided it is proportionate to do so. The difference of opinion is seen in relation to the level of safeguards put in place to protect state agencies abuse of citizens’ personal data and privacy rights. The variance of opinions lies with where the balance can be struck resulting in assisting those agencies’ ability to conduct investigations effective in preventing terrorist and criminal activity with sufficient safeguards that simultaneously protect privacy rights and personal data protection.
