Forthcoming, Chicago Journal of International Law, Spring 2007
http://eprints.law.duke.edu/archive/00001602/01/7_Chi._J.__Int'l_L._(2007).pdf
Francesca Bignami
"This paper examines a recent twist in EU data protection law. In the 1990s, the European
Union was still primarily a market-creating organization and data protection in the
European Union was aimed at rights abuses by market actors. Since the terrorist attacks
of New York, Madrid, and London, however, cooperation on fighting crime has
accelerated. Now, the challenge for the European Union is to protect privacy in its
emerging system of criminal justice. This paper analyzes the first EU law to address data
privacy in crime-fighting—the Data Retention Directive."