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Surveillance in the 21st Century: Integration of Law and Technology
Abstract
In this chapter, some current technologies for monitoring and surveillance as well as some legal considerations regarding the application of these technologies will be discussed. The application of monitoring technology has developed from the monitoring of mere technical processes and environmental processes to the monitoring of physiological “processes” and now even of everyday human behaviour. Before discussing legal considerations, an explanation of this development is given and it is placed within a broader social perspective. This leads to an examination of the development of technology that made it possible for monitoring technologies to evolve as they did, and an analysis of norms and values resulting in a conceptual model for evaluating law in the “information society”. An overview of technologies for monitoring and surveillance will be presented. From this overview it will become clear that the use of this type of technology is growing fast. At the same time, questions arise regarding its permissibility in the light of legal and constitutions rights, such as the right to privacy. These questions are then addressed in the context of the wider social developments. Finally, it is concluded that with the increasing importance and use of surveillance technology, “monitoring the surveillors” will become essential as well.
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