The Surveillance Society and Human Rights: What Aspects Should Be Considered in Choosing and Authorizing the Use of Permissible Surveillance Techniques?

10 Pages Posted: 15 Dec 2017

Date Written: 2017

Abstract

Nowadays, States are deeply concerned of the risk of new terrorist attacks like the horrible events in for example the U.S., Paris and Brussels, and intend to take the necessary measures in order to avoid such acts in the future. Therefore, this paper will discuss the most important human rights considerations to be taken into account when authorizing surveillance in the context of anti-terrorism measures and examine whether (and on what grounds) some forms of surveillance are always Impermissible on ground of international human rights law. This paper will analyze how to successfully draft and apply a proportionality analysis which would secure in a best way a proper guarantee of the right to privacy and other human/fundamental rights.

Keywords: the surveillance society, human and fundamental rights, surveillance techniques, anti-terrorism measures, the permissible limitations to human rights

Suggested Citation

Manteghi, Maryna, The Surveillance Society and Human Rights: What Aspects Should Be Considered in Choosing and Authorizing the Use of Permissible Surveillance Techniques? (2017). Available at SSRN: https://ssrn.com/abstract=3082436 or http://dx.doi.org/10.2139/ssrn.3082436

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