Private Life and Surveillance in a Digital Era: Human Rights in European Perspective

Roman V Prudentov

doi:10.38044/2686-9136-2020-1-2-41-52

Abstract

This paper focuses on identifying key legal considerations and developments in the area of surveillance in Europein human rights, with its emphasis on the jurisprudence of the European Court of Human Rights. The aim of this research was to enhance and align law and practices in this area in Russiaand Europe. The author analysed the core and most novel Court cases that may be applicable to the subject matter, including by analogy, as well as the latest research in this area. This paper considers, inter alia, ability to challenge relevant law and practices in abstracto, legitimate aims justifying interference, the requirements for the relevant laws, fetters to authorities’ discretion on surveillance matters, and appropriate nature of supervision by authorities and the scope of their powers, as well as certain other safeguards. This paper also discusses interactions and balances between freedom and security, modern approaches taken by the EU and theUS, and tensions on pervasive surveillance matters. This paper reveals that, in a COVID-19 world, with those privacy issues that arise from the “track and trace” system and similar practices having already been widely scrutinised by the courts, it is possible to fight COVID-19 through surveillance methods with minimum interference with human rights. Key considerations outlined in this paper are pertinent to all sorts of surveillance features in the modern world. This paper should serve as an impetus for enhancing human rights protection through case law and legal framework in this area, with a view to strengthen democratic values without compromising health and safety concerns.

Highlights

It has become increasingly common to speak of the emergence of a surveillance society
This paper focuses on identifying key legal considerations and profound human rights law developments in the area of surveillance in Europe, with the aim to facilitate the enhancement of this regime in Russia and elsewhere in the world
This paper focuses on the jurisprudence of the Court on several pervasive topics that should be considered by lawmakers and practitioners in the course of applying, enforcing, challenging, or defending various surveillance measures in different circumstances

Summary

Introduction

It has become increasingly common to speak of the emergence of a surveillance society. By way of mere example, in recent years all over the world, use of encryption in various forms of digital communications has exploded, with governments engaging in a public battle over access to encryption codes and contents of communications with smartphone makers and app developers. Most such battles have proven successful for governments, reinforcing serious privacy and political concerns, and facilitating international efforts in combating terrorism, drugs, weapons, money trafficking, and other crimes. These concerns prove topical in the digital area of life in general and surveillance in particular; that fact makes this paper pertinent to several new dimensions of surveillance practices addressed

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