Thierry de Poerck & Paul Haggett note surveillance developments arising from recent use of covert evidence
The Snowden affair this summer lifted the lid on the mass surveillance of electronic communications by governments. Both the digital economy and free expression have flourished thanks to quantum leaps in technology. At the same time, the opportunities for intrusion, not just from governments and criminal gangs but also employers, have dramatically increased.
Outside of the sphere of national security, respect for privacy is enshrined in Art 8 of the European Convention on Human Rights and is applied through the Human Rights Act 1998 and the Data Protection Act 1998 (DPA 1998). It is a fundamental though qualified right, subject to lawful interference in pursuit of legitimate aims (such as the prevention of fraud and crime) and necessary in a democratic society. It is, however, expressed broadly and covers not just domestic life and correspondence, but also gender identity, personal data, image and reputation.
While data protection is a valuable ingredient for democracy, it also represents a serious challenge for businesses seeking to protect their legitimate interests
