Privacy, Data Protection and Cybersecurity in Europe

Privacy, Data Protection and Cybersecurity in Europe

Wolf J. Schünemann Max-Otto Baumann Editors Privacy, Data Protection and Cybersecurity in Europe

Editors Wolf J. Schünemann Institute for Social Sciences Hildesheim University Hildesheim, Germany Max-Otto Baumann German Development Institute Bonn, Germany ISBN 978-3-319-53633-0 ISBN 978-3-319-53634-7 (ebook) DOI 10.1007/978-3-319-53634-7 Library of Congress Control Number: 2017936666 Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Preface When we first discussed the idea of gathering an international group of scholars for a workshop on privacy and data protection in Europe, we had a comparative enquiry of the national traditions, practices and discourses regarding this field of growing importance in the era of digitisation in mind. Given the developments in European policymaking (the General Data Protection Regulation was entering the final stage of the regulatory process in Brussels), itself a reaction to the profound change brought by digitisation, the time was certainly right for this academic endeavour. Confirming our first guess, we quickly learned that despite the obvious practical relevance, there is indeed a large research gap on these issues that calls to be addressed. When receiving paper proposals, we also recognised that the Snowden revelations of 2013 strongly affected the political discussions on the issue as well as the scholarly work. We faced a complex ensemble of intertwined issues which included privacy, data protection and cybersecurity. For the programme of our workshop, which took place in Heidelberg in November 2015, and for this book, we decided to take up this integrated perspective and include chapters that concentrate either on one of the main fields or their mutual interferences. The workshop would not have taken place and this book would have never reached publication without the financial and organisational support of several institutions and the help and engagement of several people. First of all, we want to express our gratitude to the Fritz Thyssen Foundation for supporting the workshop in Heidelberg with essential funding. For the preparation of the workshop and especially the publication process, we received additional funding from the Field of Focus 4: Self-Regulation and Regulation (Excellence Initiative of the German Research Association) at Heidelberg University. Once again, we enjoyed the reliable and competent assistance of Sabine Falke who deserves our personal gratitude. Besides that, our workshop included a group visit to the Center for Art and Media (ZKM) in Karlsruhe where the fantastic exhibition Global Control and Censorship constituted a perfect supplement to our workshop. Our special thanks for making this possible go to the curators Bernhard Serexhe and Lívia Nolasco- Rozsas. We also have to give credit to the John Stuart Mill Institute in Heidelberg v

vi Preface where the idea for this project originally emerged from and which served as our partner in the organisation of the workshop. For informal support on all stages, we want to thank the members of the Netzpolitik AG (Internet Governance Group) at Heidelberg University. For the English language proofreading, our thanks go to Zachary Hunter. The linguistic and stylistic quality of the chapters greatly benefited from his corrections. Last but definitely not least, we want to thank all student assistants who were engaged in different stages of the project. We want to express our particular gratitude to Maria Stalla for holding all threads together during the organisation and implementation of the workshop. For the second phase and especially for the final stage of the editing process, our special thanks go to Louisa Well, who has patiently managed the proofreading and copy-editing process with great competence. Hildesheim, Germany Bonn, Germany December 2016 Wolf J. Schünemann Max-Otto Baumann

Contents Introduction: Privacy, Data Protection and Cybersecurity in Europe... 1 Max-Otto Baumann and Wolf J. Schünemann Part I Fundamental Issues of Privacy and Data Protection Spain: The Right to Be Forgotten... 17 Ana Azurmendi Harvesting Social Media for Journalistic Purposes in the UK... 31 Bernhard Gross Part II Discourses on Cybersecurity and Data Protection in Comparative Perspective Analysing the French Discourse About Surveillance and Data Protection in the Context of the NSA Scandal... 45 Verena Weiland Solving the Surveillance Problem... 61 Minna Tiainen The Unshaken Role of GCHQ... 79 Stefan Steiger The Ambiguous Relation Between Privacy and Security in German Cyber Politics... 97 Katharina Dimmroth and Wolf J. Schünemann vii

viii Contents Part III Europeanisation: Centre and Periphery Protecting or Processing?... 115 Ariadna Ripoll Servent Lithuania and Romania to Introduce Cybersecurity Laws... 131 Lina Jasmontaite and Valentina Pavel Burloiu

List of Contributors Ana Azurmendi, Ph.D. is Professor of Media Law at the Faculty of Communication of the University of Navarra since 1991. Her main fields of interest are privacy, digital rights, public service media and copyright. Max-Otto Baumann, Dr. is a researcher at the Deutsches Institut für Entwicklungspolitik/German Development Institute. Before that, he was a researcher at the John Stuart Mill Institute where he focused on privacy studies. Katharina Dimmroth, M.A. is a researcher and doctoral student at the Institute of Political Science at RWTH Aachen. Her main fields of interest are US Foreign Policy, US Security Policy and German Foreign Policy. Bernhard Gross, Ph.D. is Associate Professor at the University of the West of England. His main research interests are focused on the impact of emerging technologies on journalistic practice and on the representation of social issues in the public sphere. Lina Jasmontaite, L.L.M. is a legal researcher at the Vrije Universiteit in Brussels. Her research interests include law, science, technology and society. Valentina Pavel Burloiu, L.L.M. is a legal researcher and digital rights advocate focusing on privacy, Internet freedom and open culture. She is also involved with ApTI the Association for Technology and Internet, member of EDRi European Digital Rights. Ariadna Ripoll Servent, Dr. is Junior Professor of Political Science and European Integration at the University of Bamberg. Her research interests include European institutions, institutional and policy change as well as EU internal security policies. Wolf J. Sch unemann, Dr. is Junior Professor of Political Science at Hildesheim University. His main fields of interest are Internet governance, political online communication, European integration and discourse studies. ix

x List of Contributors Stefan Steiger, M.A. is a researcher and doctoral student at the Institute of Political Science of the University of Heidelberg. His main fields of interest are cybersecurity, Internet governance and foreign policy analysis. Minna Tiainen, M.A. is a researcher and doctoral student at the University of Jyväskylä. Her main fields of interest are Critical Discourse Studies, media and surveillance. Verena Weiland, M.A. is a researcher and doctoral student at Heidelberg University and Université Paris-Est. Weiland s main fields of interest are Discourse Analysis, Semantics and Critique of Language.