Article 8 ECHR Compliant and Foreseeable Surveillance: The ECTHR's Expanded Legality Requirement Copied by the CJEU. A Discussion of European Surveillance Case Law

Hert, Paul De; Malgieri, Gianclaudio

doi:10.2139/ssrn.3544017

Search citation statements

Order By: Relevance

Paper Sections

Select...

Mental Privacy1

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2022

2023

Publication Types

Select...

Book2

Relationship

Self Cite0

Independent2

Authors

Journals

Cited by 2 publications

(1 citation statement)

References 6 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Traditionally, criminal law regulates behavior and competences that physically take place in the visible, outside world. For example, the European Court of Human Rights (ECtHR) has established a clear legal doctrine on how telephone tapping by the police can harm private life (De Hert and Malgieri, 2020). Less attention is paid to legal norms that protect the mental domain.…”

Section: Mental Privacymentioning

confidence: 99%

Neurotechnology to reduce recidivism: Ethical and legal challenges

Meynen,

Van de Pol,

Tesink

et al. 2023

Handbook of Clinical Neurology

View full text Add to dashboard Cite

Section: Mental Privacymentioning

confidence: 99%

Neurotechnology to reduce recidivism: Ethical and legal challenges

Meynen,

Van de Pol,

Tesink

et al. 2023

Handbook of Clinical Neurology

View full text Add to dashboard Cite

Facial Recognition for Preventive Purposes: The Human Rights Implications of Detecting Emotions in Public Spaces

Rezende

2022

Legal Studies in International, European and Comparative Criminal Law

View full text Add to dashboard Cite

Police departments are increasingly relying on surveillance technologies to tackle public security issues in smart cities. Automated facial recognition is deployed in public spaces for real-time identification of suspects and warranted individuals. In some cases, law enforcement is going even further by exploiting also emotion recognition technologies. In preventive operations indeed, emotion facial recognition (EFR) is being used to infer individuals' inner affective states from traits like facial muscle movements. In this way, law enforcement aims to obtain insightful hints on unknown persons acting suspiciously in public or strategic venues (e.g. train stations, airports). While the employment of such tools still seems to be relegated to dystopian scenarios, it is already a reality in some parts of the world. Hence, there emerges a need to explore their compatibility with the European human rights framework. The Chapter undertakes this task and examines whether and how EFR can be considered compliant with the rights to privacy and data protection, the freedom of thought and the presumption of innocence.Isadora Neroni Rezende is a PhD Candidate in Law, Science and Technology -Rights of the Internet of Everything.

show abstract

Article 8 ECHR Compliant and Foreseeable Surveillance: The ECTHR's Expanded Legality Requirement Copied by the CJEU. A Discussion of European Surveillance Case Law

Cited by 2 publications

References 6 publications

Neurotechnology to reduce recidivism: Ethical and legal challenges

Neurotechnology to reduce recidivism: Ethical and legal challenges

Facial Recognition for Preventive Purposes: The Human Rights Implications of Detecting Emotions in Public Spaces

Contact Info

Product

Resources

About