Private but parallel lives: National security and personal privacy in a European context

Abstract

The tension between the requirements of state government to exercise control as a guarantee of national and human security, on the one hand, and freedom and human rights, on the other, lies at the core of western political thought. In the 20th century state security surveillance became more intrusive, while, paradoxically, individuals’ expectations relating to privacy and human rights increased. This tension has become even more pronounced in the 21st century with the expansion of the internet and social media. The article summarises the recent development of EU rules governing data protection and transfer and the potential conflict with the UK Investigatory Powers Act 2016. The apparently irrevocable decision that the UK will leave the EU has thrown the Investigatory Powers Act which received Royal assent in November 2016 into direct conflict with EU norms. At the time of writing it is unclear whether the Act, which provides for unprecedentedly intrusive scrutiny of communications, will be operable, at least initially, in the face of continued EU influence.