EU Criminal Law and Electronic Surveillance: The Pegasus System and Legal Challenges It Poses

2021 ◽  
Vol 29 (3-4) ◽  
pp. 290-316
Author(s):  
Marcin Rojszczak

Abstract The introduction of modern forms of communication, such as encrypted messengers or VoIP telephony, has forced law enforcement agencies to use new technologies to carry out surveillance of people facing criminal proceedings. Rather than relying on the interception of communications during transmission, modern surveillance systems are often based on breaking or bypassing the security features of a user’s mobile device – making it possible to conduct various forms of surveillance that include audio and video recording. One example of such a system is Pegasus – a tool that was initially used to pursue national security objectives but is now increasingly applied in criminal surveillance. The introduction of technical innovations in criminal surveillance must include an examination of their compatibility with legal constraints laid down to protect the individual against the risk of arbitrariness and abuse of power. The effectiveness of surveillance should never be the sole determinant for tasks undertaken by public authorities. The aim of this article is to demonstrate that the implementation of modern surveillance measures such as Pegasus must also include a review of existing legal regulations to ensure that the use of these products’ extended capabilities is under proper control and complies with the rule of law.

Author(s):  
Aurelija Pūraitė ◽  
Neringa Šilinskė ◽  
Kristina Mikalauskaitė – Šostakienė

The world has been changing rapidly and with surprise we keep watching how the new technologies develop. If fifty years ago to an ordinary user having a video recorder was something inconceivable, now probably anybody could have it in a pocket. Even flying cars, that could a few years back be only dreamed of, now are becoming a reality and it will not take ages until they fill up our space. Along with the modern technologies we notice how it is becoming easy to gather information: with the help of drones we can capture images, record, conduct search; video recording, surveillance cameras mounted on buildings, in cars can capture visual information about everything that is on the way. However, herewith there is a great concern about whether it is possible to tackle threats caused by these technologies and especially threat to people’s privacy. Thus, it could be said that filming devices are the best tool to collect the most accurate information. However, along with the development of image capturing devices and other technologies, people’s concern about their privacy grows. And this could be confirmed by the General Data Protection Regulation  which came into force just recently.  The fact that the necessity of such regulation was noticed by the European Union proves that people’s private information as a part of their right to private life, had been in danger. The same, confirming the novelty and actuality of the topic, is stated in the preamble of the GDPR: “Rapid technological developments and globalisation have brought new challenges for the protection of personal data. The scale of the collection and sharing of personal data has increased significantly. Technology allows both private companies and public authorities to make use of personal data on an unprecedented scale in order to pursue their activities.” Adding to the latter, the GDPR does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity, but technologies serve not only private companies and public authorities, but also natural persons in collecting of personal data for various purposes, including illegal ones. On the other hand, the image capturing devices give people immense opportunities (including not only economical, but security and other aspects as well; therefore hereinafter called as “societal security”) and to be able  to enjoy them it is worth working on the adjustment of current legislation in order to find the right balance between the value given by the technologies in-topic (security) and the other value that is so much in-danger nowadays (privacy). The latter forms the research problem. So in this research the answer on how the current legal regulation could be adjusted in order to find that balance, is given. By comparing and indicating the problematic aspects of current national Latvian and Lithuanian regulation on the usage of technologies in-topic and privacy protection, the authors aim to prove that even though the regulation on protection of particular values could differ in different jurisdictions,  the image capturing devices still make a great contribution to societal security therefore their use cannot be denied. In order to adjust their impact on privacy, it is necessary to clearly categorize different subjects of the usage of image capturing devices and suggest legal rules for the prevention of privacy breaches.


Author(s):  
Vera Anatolyevna Shunyayeva

We present a review conducted in May 2018 2nd International Scientific Conference “Tambov Legal Readings named after F.N. Plevako”. The conference program included a plenary session, “round table” – “The State, Civil Society and the Individual in the Mechanism of Observance and Protection of Human and Civil Rights”, dedicated to the 70th anniversary of the universal declaration of human rights and organized jointly with the theory of state and law department, international and European law of the Academy of Federal Penitentiary Service of Russia, and the following breakout sessions: “Historical and Legal Problems of Russian Statehood Development”, “Theory and Practice of State-Building”, “State Policy on Combating Against Crime”, “Legal Regulation of Property Relations: Balance of Private and Public Interests”, “Current Issues of Civil, Arbitration, Administrative Process, Enforcement Proceedings and Advocacy”, “Problems in the Sphere of National Security and Law and Order: Specifics, Threats, Priorities”. The conference was attended by both legal scholars and practicing lawyers, including representatives of the advocateship, notary, law enforcement agencies, other public authorities, local authorities. The review briefly highlights the substantive part of the conference programme, including selected issues that attracted attention and discussion among the participants.


Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.


Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 371-394 ◽  
Author(s):  
Colin King

Civil forfeiture is playing an increasingly prominent role in the fight against organised crime. While this tool is attractive to law enforcement agencies, it does give rise to concerns under Art 6 of the ECHR. Such proceedings ought to attract the full range of enhanced procedural protections inherent in the criminal process. Even if the Strasbourg Court decides otherwise, there is an argument that the presumption of innocence ought to apply where civil forfeiture proceedings are instituted against a person subsequent to that person being acquitted in criminal proceedings. The Strasbourg jurisprudence, though, is permeated by confusion and inconsistency, which does not inspire confidence that the rights of the individual will be protected. The final section of this paper, then, considers whether civil forfeiture represents a proportionate response in the fight against organised crime. Ultimately, though, given lack of information on such crime, we cannot provide an answer either way – what can be said, though, is that civil forfeiture has had a significant impact on the rights of the individual.


2017 ◽  
Vol 38 (1) ◽  
pp. 187-214 ◽  
Author(s):  
Deanna M. Hoelscher ◽  
Nalini Ranjit ◽  
Adriana Pérez

To address the obesity epidemic, the public health community must develop surveillance systems that capture data at levels through which obesity prevention efforts are conducted. Current systems assess body mass index (BMI), diet, and physical activity behaviors at the individual level, but environmental and policy-related data are often lacking. The goal of this review is to describe US surveillance systems that evaluate obesity prevention efforts within the context of international trends in obesity monitoring, to identify potential data gaps, and to present recommendations to improve the evaluation of population-level initiatives. Our recommendations include adding environmental and policy measures to surveillance efforts with a focus on addressing underserved populations, harmonizing existing surveillance systems, including more sensitive measures of obesity outcomes, and developing a knowledgeable workforce. In addition, the widespread use of electronic health records and new technologies that allow self-quantification of behaviors offers opportunities for innovative surveillance methods.


2021 ◽  
Vol 76 (3) ◽  
pp. 158-168
Author(s):  
Myroslav Pototskyi ◽  

The article focuses on the study of the concept of the effectiveness of detention of a person in criminal proceedings. It is emphasized that criminal procedural detention is an important tool of the criminal procedural activity of the prosecution. Not enough attention has been paid to the definition of the effectiveness of criminal procedural detention in the scientific literature. When posing the problem statement, it is noted that the study of the concept of the effectiveness of detention is the starting point in the study of ways to improve the effectiveness of such coercive measures. The relevance of the study of the concept of the effectiveness of criminal procedural detention is also enhanced by the fact that achieving a clear understanding of the effectiveness of detention can serve as a reliable basis for developing and improving the effectiveness of criminal procedural detention. The effectiveness of criminal procedural detention takes into account the balance of interests of the state and the individual, the balance of legal capabilities of law enforcement agencies and effective mechanisms for protection against arbitrariness. There are three signs of the effectiveness of criminal procedural detention: prompt achievement of the goal; legality on the basis of a qualitative law; short-term restriction of the right to liberty. During the presentation of the main material the procedural characteristic of each of them is given. We do not consider the selected criteria of efficiency of criminal procedural detention to be exclusive. The effectiveness of any criminal procedure institution is not a static phenomenon. It is dynamic and depends on the specific circumstances of the criminal proceedings. Based on the study of the above features, the concept of the effectiveness of criminal procedural detention is formulated. The effectiveness of criminal procedural detention is the ability to detain in a legal manner, regulated by a quality criminal procedural law, by short-term restriction of the right to freedom to promptly achieve the goal of ensuring proper conduct of the suspect and the information support of the initial stage of pre-trial criminal proceedings.


2021 ◽  
Author(s):  
Katarzyna Chałubińska-Jentkiewicz ◽  
◽  
Monika Nowikowska ◽  

The monograph is an attempt to indicate areas where there are threats to the privacy of an individual in the conditions of development of new technologies and to determine necessary regulatory directions. There is no doubt that one of the task of the state is to protect the safety of its citizens. Necessary is therefore to establish the status of an individual in the conditions of legal regulations ensuring protecting personal and public safety, and indication of new rules for the operation of public administration and to specify the limits of interference by public authorities. Implemented by state authorities some tasks may constitute a significant limitation of the legal protection of life private entity, guaranteed in art. 47 of the Polish Constitution. In that sense there is a natural antinomy between state security and privacy of the individual, the freedom of the individual from state interference. Society undoubtedly, it is willing to give up part of its freedom in exchange for security. These concessions are called part of the social contract. Challenge but it is the fixing of mutual limits of concessions between freedom and safety. How much can an individual be expected to relinquish freedom for the sake of common security and vice versa, to what extent can be waived from the implementation of security policy to ensure the necessary scope of freedom.


2019 ◽  
pp. 169-179
Author(s):  

Non-verbal information is indicative. Most scientists believe that it can not be considered as a source of evidence and has only a tactical value. In general, we can agree with this, but the connection between non-verbal information and evidence exists that it is necessary to take into account and use in criminal proceedings. Non-verbal information may suggest where and what sources of evidence can be found (the corresponding human response to certain irritants from the investigator: logical arguments, presented objects or documents, evidence of accomplices, etc.); point to the attitude of a person to other participants in criminal proceedings, to the motives of the crime, etc. It can strengthen the evidentiary value of the testimony of a person or, conversely, enter into conflict with them. Non-verbal information is an important component in the system of interpersonal communication and is closely connected with verbal information, forming a complex means of communication, significantly influencing the content, character, goals and results of investigative tactics. Direct perception of non-verbal manifestations (appearance, non-verbal behaviour, manner of communication) along with linguistic (verbal) characteristics creates a certain image of the recipient and determines the range of tactical methods and psychological means of influence that will be most effective in this situation. Proper decoding of non-verbal information should be based on the study of psychological and forensic literature. It would be desirable for criminalists and psychologists to jointly develop appropriate educational and methodical manuals, reference books, and for law enforcement agencies to introduce special courses on the basis of legal institutions to provide relevant knowledge and skills to practitioners in a comprehensive perception and use of verbal and non-verbal information. Special attention in the study of non-verbal behaviour and other manifestations of non-verbal information should be paid to the methods of observation, analysis of verbal information and non-verbal manifestations in their comparison, as well as an emotional experiment to stimulate non-verbal behaviour. It is advisable to use the results of studying non-verbal information in constructing tactics of investigative actions, psychological and forensic diagnostics of their participants, awareness of the circumstances of a crime, signs of giving false testimony. They may also influence the evaluation of evidence, increasing their strength or pointing out their possible fallacy. In each case of an investigative action, it is necessary to consider whether it is advisable for a specialist psychologist to participate in it – a specialist in non-verbal information and its interpretation, as well as a joint analysis of such behaviour after the investigative action, which should be accompanied by video recording. Key words: verbal information, non-verbal information, investigation (search) action, criminal proceedings, criminalistics.


2020 ◽  
Vol 73 (4) ◽  
pp. 144-155
Author(s):  
Oleksiy Oderiy ◽  
◽  
Oleksiy Kozhevnikov ◽  

The article considers OSINT (Open source intelligence) technology, which is intelligence based on open sources. Development of digital means of photo and video recording, led to the emergence of a large number of media files that reproduce the objective situation at different intervals of time and space. Based on the analysis, it is proved that Open source intelligence can be successfully used by law enforcement agencies to solve specific forensic problems. Its advantages are identified, which are as follows: 1) its use does not require additional financial costs for: a) purchase of special equipment and software, because it is enough to have access to the World Wide Web and PC workstation (smartphone, tablet); b) training of certain specialists, as OSINT technology is quite simple both in mastering and in processing the source and obtaining forensic information; 2) it is freely available, and therefore can be used not only by law enforcement agencies (government officials), but also by private detectives, volunteers, etc.; 3) its use (under certain conditions) does not violate the rights of citizens. Practical examples of application of online services on search of the persons fixed on a photo or video images on anthropometric data are resulted. There are four main stages of the process of searching for people by appearance on the mentioned technology. It was stated that using OSINT technology, forensic experts of the Kharkiv Research Forensic Center of the Ministry of Internal Affairs of Ukraine in the period from October 2019 to February 2020 identified 22 people (from more than 95 researched materials), evidence in criminal proceedings. Of course, the information obtained during the monitoring of social networks can be used in the investigation of criminal proceedings, in which to solve the problem of identifying a person by appearance, appropriate examinations will be appointed. It is proposed to create interdepartmental analytical and search groups m the system of bodies of the Ministry of Internal Affairs of Ukraine.


Author(s):  
Anton Stolitnii

The article deals with study of the electronic segment in the criminal procedural legislation of the Republic of Belarus. It is established that in the Republic of Belarus there is a specialized electronic instrument of criminal process in the form of an information system - information help funds of law enforcement agencies, and in the form of technical devices - electronic means of control; technical controls. Non-specialized electronic tools of criminal proceedings are also provided, including: video equipment; electronic media; audio and / or video recording facilities; means of communication; scientific and technical means; video conferencing system; technical means; technical means of communication; technical means of fixation and the like. The use of electronic evidence has been investigated. In particular, it provides for the announcement of the testimony of the accused, the victim and the witness, the reproduction of a sound recording, video recording or filming of his testimony; announcement at the hearing of the protocols of investigative actions; inclusion in the expert's opinion of photos confirming the expert's conclusions. The electronic form of the procedural document is indirectly reflected through the indication in the criminal procedural law of the method of its production. The prism of the investigative action protocol regulates the separate issues of their electronic fixation. Transcripts, filming, sound recording and video recording can be used to ensure the completeness of the protocol. The general issues of regulation of electronic fixation of investigative actions are studied, and through the lens of the protocol of investigative action - separate issues of electronic fixation of investigative actions. The requirements for electronic fixing of the examination, examination of the corpse, exhumation, investigative experiment, arrest of postal and telegraph and other items, their inspection and seizure, listening and recording of negotiations, interrogation, presentation for examination are described in the Criminal Procedure Code of the Republic of Belarus on-site testimony. The trial is accompanied by shorthand, sound recording or video recording


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