1. Criteria for fairness covering efficiency, proportionality, privacy and data protection
The SMART project will develop formal criteria for the privacy friendly use of smart surveillance thus producing “fairness criteria”. The development of those criteria will take into account technology potential, proportionality issues and privacy risks as well as existing criteria and best/good practices developed in other surveillance contexts.
2. From Best practice to System Design /Operating guidelines + Model Law containing safeguards
The SMART project will develop a toolkit for policy-makers, system designers, legislators and police/security forces to implement and promote a best practice approach based on the fairness criteria established during the previous phase of the project.
The SMART project will establish the dynamic interrelationship between the different sources of regulation and develop measures appropriate to minimise the risks to privacy and data protection. While the final distribution of measures that will form part of the toolkit will depend on the findings and analyses of the earlier research, possible elements which will be considered include:
- Technical features and operational procedures which would be integrated into System Design and Operating Guidelines.
- Regulatory, self-regulatory and co-regulatory measures including a Model Law aimed at achieving compliance for smart surveillance with Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters
- Development of industry standards
- Educational measures
An explanatory text to explain the choices made and the implications of different recommended paths of action will also form part of the toolkit.