Chapter 10 The emperor's new clothes - data privacy and cybersecurity from a European perspective
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This contribution examines the role of the EU in the Council of Europe's activities relating to cybercrime and data protection. The EU has recently been a major actor in the revision of Data Protection Convention 108 and the drafting of an additional protocol to the Budapest Convention on enhanced cooperation on cybercrime and electronic evidence. The EU has been a driving force in multilateral negotiations striving for effective and human rights compliant standards. Complex legal issues have arisen in the drafting of the provisions on transborder data flows and data protection safeguards. Overreliance on the autonomy of EU law makes it more difficult for the EU to agree on mutually acceptable provisions. The article argues that, instead of defining autonomy primarily in terms of exclusion, the EU has everything to gain from adopting a more open approach, oriented towards engagement and integration.

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