This study analyses the complex relationship between security and privacy, in particular the validity of the supposed trade-off relationship, and the possible ways to supersede a virtual zerosum game in this area. The study is divided into two major parts, which are made available in simultaneously published issues of two separate scholarly journals featuring harmonized thematic blocks of articles. The separate, second part, is available in the present issue of Információs Társadalom (Information Society), while the first part is available in the connecting issue of Replika, in both printed and electronic formats. Part II of the study focuses on actual decisions in regard to situations where it is a matter of privacy versus security. After a detailed analysis of the methodology and reasoning of human rights courts the authors introduce new suggestions for superseding the trade-off model in situations where security-related purposes justify the limitation of privacy. Finally, the authors transpose the logic and methodology of the test of proportionality to decision support situations and offer a detailed set of questions and a strict procedure for testing the legitimacy of decisions on introducing surveillance measures that may infringe upon people's privacy.

No abstract