Methodology: Aligning Privacy, Data Protection And Criminal Procedure Through Fairness
Abstract
This chapter outlines a methodology for bridging the right to privacy and data protection with criminal procedural safeguards in assessing the use of communications metadata in criminal proceedings. An interdisciplinary doctrinal approach is adopted to unpack the concept of fairness, drawing on criminal procedure, privacy and data protection law, and legal philosophy. The analysis highlights misalignments in how fairness is conceptualised across these domains, showing that it has distinct features in criminal justice. On this basis, a working definition of fairness is developed as a benchmark for the study.
Fields of Study & Subjects
Criminal Law and Evidence
European Criminal Justice and Data Protection
Digitalization
Law
and Regulation
Publication details
- Journal / source
- Routledge eBooks
- Pages
- 95–107
- Publication date
- 10 February 2026
- Language
- EN
- Document type
- Book chapter