Introduction and surveillance technology
Surveillance means observing an individual or group, and it is getting cheaper, more capable and more pervasive. The classic concern is the watching citizens, but attention has shifted to surveillance capitalism - companies profiting from behavioural data. The book groups surveillance data into four key types: communications, video, biometric and location. The core regulatory aim is that where surveillance invades privacy, the invasion must be necessary, lawful, fair and proportionate.
The technology we use to make life easier generates a wealth of data about us and about the people we interact with. Each call, text, email or web visit produces detailed information about the type, time, duration, destination and content of the communication. CCTV records our actions, biometric data is used for identification, payment cards log purchases, mobiles track our movements and fitness monitors capture health data.
| Type | Examples of what it captures |
|---|---|
| Communications | Type, time, duration, destination and content of calls, texts, emails and web activity |
| Video surveillance | CCTV images of people or things (faces, number plates) |
| Biometric | Identification, authentication and verification using bodily characteristics |
| Location | Movements via mobile location data, CCTV or geolocation (GPS) |
The aim of privacy and data protection law is to regulate, limit and condition surveillance so that any invasion of privacy is necessary, lawful, fair and proportionate. Achieving the right balance - especially against national security - is hard.
- Surveillance was traditionally a problem between individuals and nation states
- Focus has shifted towards surveillance capitalism and commercial use of data
- During COVID-19, governments adopted intrusive activities (contact tracing, vaccination passports) with little opposition
- The volume and granularity of data, plus the ease of collection, open significant scope for abuse