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

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.