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Category: Surveillance (Page 1 of 3)

“Surveillance Capitalism” – the internet’s new official protest song?

The concept of “surveillance capitalism” – coined by academic Shoshana Zuboff in 2014 – has been the subject of a number of Inforrm posts.  For example, “Explainer: what is surveillance capitalism and how does it shape our economy?” – Donell Holloway and “Our “data self” explained. A brief journey into Surveillance Capitalism” – Nataly Tedone. Continue reading

Case Law, South Africa: AmaBhungane Centre for Investigative Journalism v Minister of Justice: Big Brother can no longer watch us with impunity – Dario Milo

On 4 February 2021, the Constitutional Court handed down its decision in the case of AmaBhungane Centre for Investigative Journalism NPC  v Minister of Justice and Correctional Services [2021] ZACC 3.  This has already received worldwide acclaim. It found in favour of amaBhungane, the investigative journalism organisation, in a landmark case involving the collision between the right to privacy and the right of the state to engage in surveillance. Continue reading

A Brave New Working World or something more sinister? Employer surveillance of employees working at home – Peter Coe

Employers monitoring their employees is not a new issue. Indeed, I have written about the surveillance of employees in the workplace, and their right to privacy pursuant to Article 8 of the European Convention on Human Rights, in a previous Inforrm post in the context of the European Court of Human Rights’ judgments in Bărbulescu v Romania [2016] App. no. 61496/08 and Lopez Ribalda v Spain [2019] ECHR. Continue reading

When is mass surveillance justified? The CJEU clarifies the law in Privacy International and other cases – Lorna Woods

This case concerns the collection of bulk communications data (BCD) from network operators by the security and intelligence agencies (SIAs).  It formed part of an action brought by Privacy International challenging the SIAs’ acquisition, use, retention, disclosure, storage and deletion of bulk personal datasets (BPDs) and BCD which started in 2015 before the Investigatory Powers Tribunal (IPT).  Continue reading

Case Law: R (on the application of Bridges) v Chief Constable of South Wales, Police use of “automatic facial recognition technology unlawful – Hugh Tomlinson QC

In the case of R (on the application of Bridges) v Chief Constable of South Wales Police ([2020] EWCA Civ 1058) the Court of Appeal held that the live automated facial recognition technology (“AFR”) used by the South Wales Police Force (“SWP”) was unlawful as it was not “in accordance with law” for the purposes of Article 8 of the ECHR. Continue reading

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