Mass Data Surveillance And Predictive Policing
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Mass data surveillance and predictive policing
Author: Plixavra Vogiatzoglou
language: en
Publisher: Taylor & Francis
Release Date: 2025-01-29
This book critically assesses legal frameworks involving the bulk processing of personal data, initially collected by the private sector, to predict and prevent crime through advanced profiling technologies. In the European Union (EU), mass data surveillance currently engages three sectors: electronic communications (under the e-Privacy Directive), air travelling (under the Passenger Name Records Directive), and finance (under the Anti-Money Laundering Directive), and increasingly intersects with the deployment of predictive policing techniques. The book questions the legitimacy and impact of these frameworks in light of the EU’s powers to provide security while safeguarding fundamental rights, particularly privacy, data protection, e-ective remedy, fair trial, and presumption of innocence. Focusing on the security shift towards forestalling crime before it occurs, the book identifies its distinct characteristics, such as the blurred lines between the public and private sector actors, and interrogates whether the legal bases and traditional theories on security can account for it. The book further explores the challenges these pre-crime practices pose, including their questionable e-ectiveness and the ambiguous application of human rights safeguards in situations where no crime has been committed, yet individuals face consequences as a result of deploying predictive analytics on mass amounts of commercially collected personal data. In examining the interference with several fundamental rights, the book also highlights aspects neglected by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, such as the expansive nature and the collective and cumulative e-ects of these frameworks.
The Rise of Big Data Policing
Winner, 2018 Law & Legal Studies PROSE Award The consequences of big data and algorithm-driven policing and its impact on law enforcement In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence. This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool. Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias. But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections. In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime. The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens. Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.
Constitutional Challenges in the Algorithmic Society
Author: Hans-W. Micklitz
language: en
Publisher: Cambridge University Press
Release Date: 2021-12-02
New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.