Review of laws and other regulations governing surveillance

Objectives

To map out characteristics of laws governing surveillance and identify lacunae/new safeguards as well as best practices

Description of work

Task 6.1 Legal requirements for smart surveillance

An analysis of the existing legal framework will be carried out to establish the extent to which police and security forces in participating member states are required to observe regulations in the use of surveillance technologies and especially smart surveillance.

This task will be mainly carried out through the legal analysis of legislation, regulatory, selfregulatory and co-regulatory instruments and case law.

Task 6.2 Examine and analyse responses to surveillance in other areas of law

The work package will also examine the theoretical foundations and practical implementation of surveillance in other areas of law. Examples of best/good practice will also be identified. A comparison with other areas of law where surveillance is involved will help to develop concrete suggestions of how to respond to the challenges identified in the earlier work packages.

More specifically, this WP will:

  • Examine the theoretical foundation and practical implication of surveillance in other areas of law, including interception of communications, video-surveillance, stake-out surveillance) as well as those areas currently addressed by a number of European civil codes dealing with image-capture in public and private places, the case law of the European Court of Human Rights and the constitutional law of a number of EU states.
  • Identify ‘obvious’ and ‘hidden’ limitations to smart surveillance, and the conditions that spur these limitations.
  • Analyse the different approaches to introducing safeguards (e.g. introduction of prior permission for integration of data, trained operator intervention to over-ride automated decision-making in certain situations, police force internal guidelines etc.)
  • examples of best/good practice will be identified from the practices collected and documented in Task 6.2.

The task will mainly be carried out through desktop research.