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Banking fragility rooted in justice failures Evidence from Ukraine
Policy Contribution

Huber, Marper and Others: Throwing new light on the shadows of suspicion

by Gloria González Fuster / Paul De Hert / Erika Ellyne / Serge Gutwirth
07 June 2010

Huber, Marper and Others: Throwing new light on the shadows of suspicion

Gloria González Fuster / Paul De Hert / Erika Ellyne / Serge Gutwirth

The proliferation of large-scale databases containing personal information, and the multiple uses to which they can be put, can be highly problematic from the perspective of fundamental rights and freedoms. This paper discusses two landmark decisions that illustrate some of the risks linked to these developments and point to a better framing of such practices: the Heinz Huber v. Germany judgement, from the European Court of Justice, and the S. and Marper v. United Kingdom ruling, from the European Court of Human Rights. The paper synthesises the lessons to be learnt from such decisions. Additionally, it questions the impact of the logic of pure prevention that is being combined with other rationales in the design and management of databases.

This Policy Brief is published in the context of the INEX project, which looks at converging and conflicting ethical values in the internal/external security continuum in Europe, and is funded by the Security Programme of DG Enterprise of the European Commission’s Seventh Framework Research Programme. For more information visit: www.inexproject.eu


About the Authors


  • Author
    Gloria González Fuster
    Gloria González Fuster
  • Author
    Paul De Hert
    Paul De Hert
  • Author
    Erika Ellyne
    Erika Ellyne
  • Author
    Serge Gutwirth
    Serge Gutwirth
Huber, Marper and Others: Throwing new light on the shadows of suspicion
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