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Private Life and Surveillance in a Digital Era: Human Rights in European Perspectiveстатья Исследовательская статья
- Автор: Prudentov Roman V.
- Журнал: Цифровое право
- Том: 1
- Номер: 2
- Год издания: 2020
- Издательство: Редакция журнала "Цифровое право"
- Местоположение издательства: Москва
- Первая страница: 41
- Последняя страница: 52
- DOI: 10.38044/2686-9136-2020-1-2-41-52
- Аннотация: This paper focuses on identifying key legal considerations and developments in the area of surveillance in Eu- rope in human rights, with its emphasis on the jurisprudence of the European Court of Human Rights. The aim of this research was to enhance and align law and practices in this area in Russia and Europe. The author analysed the core and most novel Court cases that may be applicable to the subject matter, including by analogy, as well as the latest research in this area. This paper considers, inter alia, ability to challenge relevant law and practices in abstracto, legitimate aims justifying interference, the requirements for the relevant laws, fetters to authori- ties’ discretion on surveillance matters, and appropriate nature of supervision by authorities and the scope of their powers, as well as certain other safeguards. This paper also discusses interactions and balances between freedom and security, modern approaches taken by the EU and the US, and tensions on pervasive surveillance matters. This paper reveals that, in a COVID-19 world, with those privacy issues that arise from the “track and trace” system and similar practices having already been widely scrutinised by the courts, it is possible to fight COVID-19 through surveillance methods with minimum interference with human rights. Key considerations out- lined in this paper are pertinent to all sorts of surveillance features in the modern world. This paper should serve as an impetus for enhancing human rights protection through case law and legal framework in this area, with a view to strengthen democratic values without compromising health and safety concerns.
- Добавил в систему: Прудентов Роман Вадимович