Surveillance in the 21st Century

Author(s):  
Pieter Kleve ◽  
Richard V. De Mulder ◽  
Kees van Noortwijk

In this chapter, some current technologies for monitoring and surveillance as well as some legal considerations regarding the application of these technologies will be discussed. The application of monitoring technology has developed from the monitoring of mere technical processes and environmental processes to the monitoring of physiological “processes” and now even of everyday human behaviour. Before discussing legal considerations, an explanation of this development is given and it is placed within a broader social perspective. This leads to an examination of the development of technology that made it possible for monitoring technologies to evolve as they did, and an analysis of norms and values resulting in a conceptual model for evaluating law in the “information society”. An overview of technologies for monitoring and surveillance will be presented. From this overview it will become clear that the use of this type of technology is growing fast. At the same time, questions arise regarding its permissibility in the light of legal and constitutions rights, such as the right to privacy. These questions are then addressed in the context of the wider social developments. Finally, it is concluded that with the increasing importance and use of surveillance technology, “monitoring the surveillors” will become essential as well.

Author(s):  
Machiko Kanetake

Export of cyber technology can undermine human rights in countries of destination. In the aftermath of the Arab Spring, political controversies have arisen around EU-exported cyber surveillance technology, which allegedly helped autocratic states monitor and arrest dissidents. While cyber technology is indispensable to our lives, it can be used to suppress the right to privacy, the freedom of expression and the freedom of association, not only in the EU, but also in the countries it trades with. The EU has taken a proactive role in reforming the export of human rights-sensitive cyber technology. In September 2016 the European Commission proposed the integration of human rights due diligence in the process of export control. The Commission’s proposal, however, invited strong contestations both from industry and Member States. Essentially, dual-use export control has developed in order to mitigate military risks. Attempts to integrate human rights risks in export control have thus invited discomfort among stakeholders. This paper unpacks normative tensions arising from the EU’s attempts to integrate human rights risks in its export control regimes. By so doing, the paper highlights fundamental tensions embedded in the EU’s value-based Common Commercial Policy, of which dual-use export control forms an integral part.


2018 ◽  
Author(s):  
Anxhelina Zhidro ◽  
Arbesa Kurti ◽  
Klodjan Skënderaj

Author(s):  
Allan Hepburn

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.


Author(s):  
Laura Esteban ◽  
Patricia Navas ◽  
Miguel Ángel Verdugo ◽  
Víctor B. Arias

People with intellectual disability (ID) and extensive support needs experience poorer quality of life than their peers whose disability is not as severe. Many of them live in residential settings that limit community participation and prevent them from exercising control over their lives. This work analyzes the extent to which professional practices are aimed at promoting the right to community living for people with ID and extensive support needs, as well as the rights that are particularly linked to it, such as the right to habilitation and rehabilitation and the right to privacy. A specific questionnaire was designed and administered to 729 adults with intellectual disability (M = 37.05; DT = 12.79) living in different settings (family home, residential facilities and group homes). Measurement and structural models were estimated using exploratory structural equation modeling. Results obtained reveal that people with extensive support needs receive less support in terms of guaranteeing their right to independent living and privacy, especially when they live in disability-related services. This study highlights the need to implement and monitor, using valid and reliable indicators, mesosystem strategies that guarantee the right to live and participate in the community, especially for individuals with ID and extensive support needs.


Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.


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