1st Edition

Privacy, Technology, and the Criminal Process

Edited By Andrew Roberts, Joe Purshouse, Jason Bosland Copyright 2024

    This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical, and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers and those interested in science and technology studies.

    Notes on Contributors

    Introduction: Criminal Justice, Technology, and the Future of Privacy

    JOE PURSHOUSE AND ANDREW ROBERTS

    1 Exploring Algorithmic Justice for Policing Data Analytics in the United Kingdom

    JAMIE GRACE

    2 Police Use of Intrusive Technology: Freedom, Privacy, and Political Legitimacy

    ANDREW ROBERTS

    3 Private Policing in the Data-Driven Society: The Flexible State Monopoly on Force Challenged but Not Abandoned

    MAGDALENA BREWCZYŃSKA AND PAUL DE HERT

    4 Citizen-Led Policing in the Digital Age and the Right to Respect for Private Life

    JOE PURSHOUSE

    5 Biometric Forensic Identity Databases in Europe: Precariously Balanced or Faulty Scales?

    CAROLE MCCARTNEY, RAFAELA GRANJA, AND ERIC TÖPFER

    6 Facial Recognition Technology: The Particular Impacts on Children

    NESSA LYNCH, FAITH GORDON, AND LIZ CAMPBELL

    7 Knowing Without Entering: How Remote Police Surveillance Affects Privacy of the Home

    IVAN ŠKORVÁNEK AND BERT-JAAP KOOPS

    8 Frontline Perceptions of Body-Worn Cameras: Tools for Transparency in British Policing?

    DIANA MIRANDA

    9 Apples, Oranges, and Time Machines: Regulating Police Use of Body-Worn Cameras in Europe and the United States

    BRYCE CLAYTON NEWELL AND ELENI KOSTA

    10 Investigating Rape Allegations: Artificial Intelligence and the ‘Digital Strip-Search’

    HANNAH QUIRK

    11 Reporting Crime in the Wake of the Human Rights Act 1998: Privacy, Criminal Justice, and the Media in England & Wales

    JASON BOSLAND AND JUDITH TOWNEND

    12 Privacy and Rehabilitation after a Criminal Conviction in the Digital Age

    SARAH ESTHER LAGESON

    Index

    Biography

    Andrew Roberts is Professor at Melbourne Law School, The University of Melbourne.

    Joe Purshouse is Senior Lecturer in Criminal Law and Justice at the University of Sheffield.

    Jason Bosland is Associate Professor and Director of the Media and Communications Law Research Network at Melbourne Law School.