Privacy Versus Security… Are We Done Yet?

Abstract

It is often assumed that privacy and security are alternative values, which cannot be pursued together. Hence, the strength of the "nothing-to-hide argument": if you have nothing to hide, you have nothing to fear. Besides, ensuring the security of the network itself is said to actually require a detailed analysis of network flows. Reasonable expectations of privacy should thus progressively disappear in cyberspace. While it is true that enforcement of legal rules is a real challenge when communications are transmitted through the means of a borderless network, the evolution of the case law of the European Court of Human Right recently followed by the Court of Justice of the European Union does show that the right to respect for private life should have important implications online and in particular should significantly restrict the systematic collection and retention of content and traffic data by both public and private actors such as Internet service providers. At a time at which data-gathering and data-matching technologies are more sophisticated than ever, as illustrated by Snowden's revelations, it is crucial to fully comprehend the interaction between the protection of privacy and the furtherance of security in order to set appropriate limits to surveillance practices. The purpose of this chapter is therefore twofold: first, to shed light upon the European 2 1 Privacy Versus Security… Are We Done Yet? approach to privacy and explain the interplay between privacy law, data protection law and data retention law; second, to explain how the values of privacy and security should be balanced together and in particular how privacy law should serve to scrutinise the appropriateness of measures implemented to ensure the security of the social group at large.

The Application of Role-Based Framework in Preventing Internal Identity Theft Related Crimes: A Qualitative Case Study of UK Retail Companies

“…The ACFE noted that more research is required to be conducted in the context of a particular business organisation with focus on an in-depth understanding of the roles of cross functional management team in preventing IIDTRC. Stalla-Bourdillon (2014) emphasised the need for in-depth understanding of the management roles and their implications in business information system security. Okeke (2015) suggests that studying the management implication is a vital prerequisite for modelling effective IIDTRC prevention strategies, which requires integration of role-based strategies which includes IT security and crime prevention team would enhance prevention IIDTRC crimes.…”

National and Public Security within and beyond the Police Directive

“…Public safety and order and the protection of health and morals could be accumulated under the umbrella of public security. 50 However, delineating boundaries cannot be clearly drawn, while the States and Convention organs do not consider these clauses to be mutually exclusive. In this manner, a State would be able to invoke collectively national security and, for instance, public safety.…”