AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 52 No 1 (2006), 81–98

Právo na soukromí versus bezpečnost ve sjednocené Evropě: zamyšlení nad problematikou „data retention“

[Right to Privacy Versus Security in the Unified Europe: Consideration on the Problems of Data Retention]

Jaromír Hořák

DOI: https://doi.org/10.14712/23366478.2025.104
published online: 14. 02. 2025

abstract

Right to privacy versus security in the unified Europe: consideration on the problems of data retention The right to privacy is one of the fundamental rights guaranteed by both international conventions and the constitutional orders of nation states. Possible restrictions can be imposed only if they are necessary in a democratic society and if the principle of proportionality is observed. The storage of telephone and internet traffic and localization data for purposes of criminal investigation, usually referred to as data retention, is a new phenomenon which gives the government authorities access to the personal information of millions of citizens. By analysing the retained data via traffic analysis the agencies can identify an individual’s associates, habits, political preferences and even his or her location. Directive 2002/58/EC made it possible for several EU-Member States to pass laws that allow for personal telecommunication data to be stored for varied periods of time. In some countries data retention has been made compulsory for the telecommunications’ providers. Although it had not been the case in Britain over the past few years, British providers store a large amount of data on a voluntary basis. In other countries such as Italy and France data retention laws have been in force for some time as an alleged means of combating terrorism and organized crime. In the Czech Republic too a new telecommunication law was adopted last year with provisions on data retention. However, the crucial step was taken only recently when the Data Retention Directive was adopted, which in fact forms a legal basis for the largest monitoring database in the world, tracking all communications within the EU. The opponents of the Directive see data retention as an invasion of privacy and a disproportionate response to the threat of terrorism – a measure both ineffective and harmful.

keywords: Right to privacy; data retention; traffic analysis; mass surveillance

Creative Commons License
Právo na soukromí versus bezpečnost ve sjednocené Evropě: zamyšlení nad problematikou „data retention“ is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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