Bio

 In my formative years, I studied law (Vrije Universiteit Brussel), philosophy (Université Libre de Bruxelles) and religious sciences (Katholieke Universiteit Leuven) (1985-1992). After a productive decade of legal research in areas such as policing, video surveillance, international cooperation in criminal affairs and international policing (1990-1999), I broadened my research agenda, published a book on the European Convention on Human Rights (1998) and defended a PhD in which I compared the constitutional strength of eighteenth and twentieth century constitutionalism in the light of contemporary surveillance practices ('Early Constitutionalism and Social Control. Liberal Democracy Hesitating between Rights Thinking and Liberty Thinking', 2000). My work addresses problems in the area of privacy & technology and criminal law. My writings in these areas often combine a human rights approach with a concern for constitutionalism and political theory.

Expertise

I have been working on privacy and surveillance issues within and outside the criminal sphere, both before and after my PhD (2000). I was one of the first legal scholars world-wide to publish on surveillance issues such as CCTV and am I still following up all developments in this area. In 2017 I co-authored a chapter ‘European Human Rights, Criminal Surveillance, and Intelligence Surveillance: Towards Good Enough Judicial Oversight’ in D. Gray & S. Henderson’s Cambridge Handbook on Surveillance (New York: Cambridge University Press, 2017) and I recently pre- published my long study ‘Article 8 ECHR compliant and foreseeable surveillance: the ECtHR’s expanded legality requirement copied by the CJEU. A discussion of European surveillance case law’ as a working paper and in a book edited by V. Mistilegas & N. Vavoula published by Hart. (https://www.bloomsburyprofessional.com/uk/surveillance-and-privacy-in-the-digital-age-9781509925179/)

Teaching

Over the years I worked and taught at several universities (Leiden, Tilburg, Brussels) and had (have) a broad teaching portfolio: Past: 'Human Rights', 'Legal theory', ‘Historical constitutionalism' and 'Constitutional criminal law'. Currently, at VUB, 'Criminal Law', and 'International and European Criminal Law’ and at Tilburg University, ‘Privacy and Data Protection'

I am still teaching 'Privacy and Data Protection' at Tilburg University and this with pleasure 

Courses

Highlights

 I am founder and co-director of the annual Conference Computer, Privacy, Data Protection, comprising every year an increasing number of participants and speakers (last edition 85 panels, 300 speakers and 1400 participants). In addition I have created or co-created 4 funded chairs (two of them surveillance related), a privacy NGO Privacy Salon and an attractive academic platform to promote internal exchange and research in global data protection law Brussels Privacy Hub. 

Recent publications

  1. European Law Enforcement and US Data Companies: A Decade of Cooperati…

    Aguinaldo, A., & Hert, P. D. (2021). European Law Enforcement and US Data Companies: A Decade of Cooperation Free from Law. In Data Protection Beyond Borders. Transatlantic Perspectives on Extraterritoriality and Sovereignty
  2. Data Protection Impact Assessment: A Protection Tool for Migrants Usi…

    Barboza, J. Z., & Hert, P. D. (2021). Data Protection Impact Assessment: A Protection Tool for Migrants Using ICT Solutions. Social Sciences.
  3. Framing Big Data in the Council of Europe and the EU data protection …

    de Hert, P., & Papakonstantinou, V. (2021). Framing Big Data in the Council of Europe and the EU data protection law systems: Adding 'should' to 'must' via soft law to address more than only individual harms. Computer Law and Security Review, 40, [105496].
  4. Data protection and privacy - Data protection and artificial intellig…

    Hallinan, D., Leenes, R., & de Hert, P. (Eds.) (2021). Data protection and privacy: Data protection and artificial intelligence. (Computers, Privacy and Data Protection). Hart Publishing.
  5. Adding and Removing Elements of the Proportionality and Necessity Tes…

    Hert, P. D., & GEORGIOS, BOUCHAGIAR. (2021). Adding and Removing Elements of the Proportionality and Necessity Test to Achieve Desired Outcomes. Breyer and the Necessity to End Anonymity of Cell Phone Users. European Data Protection Law Review.

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