Invalidation of the data retention directive – Extending the proportionality test

Milaj, Jonida

doi:10.1016/j.clsr.2015.07.004

Cited by 5 publications

(2 citation statements)

References 14 publications

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“…Secondly, there is another general principle that the collaboration of the individuals with the police in ways similar to the Automon app might infringe. This is the proportionality principle that must guide decisions of law enforcement to interfere with the fundamental rights of the individuals, including their right to data protection (Milaj 2015). This principle determines the necessary and sufficient conditions for limiting a protected right (Barak 2012, 3) as well as serves to restrict the exercise of powers from the State authorities (van den Brink et al 2007, 143).…”

Section: Discussionmentioning

confidence: 99%

Capturing licence plates: police-citizen interaction apps from an EU data protection perspective

Milaj

Eck

2019

International Review of Law, Computers & Technology

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A Pokémon Go-like smartphone app called 'Automon' was unveiled in October 2017 as one of several new initiatives to increase the public's contribution and engagement in police investigations in the Netherlands. Automon is designed in the form of a game that instigates participants to photograph license plates to find out if a vehicle is stolen. The participants in the game score points for each license plate photographed, and may also qualify for a financial reward if a vehicle is actually stolen. In addition, when someone reports that a vehicle has been recently stolen, game participants that are in the vicinity receive a push notification and are tasked with searching for that particular vehicle and license plate. This paper studies the example of the Automon app and contributes to the existing debate on crowdsourced surveillance and the involvement of individuals in law enforcement activities from an EU law perspective. It analyses the lawfulness of initiatives that proactively require individuals to be involved in law enforcement activities and confronts them for the first time with European Union (EU) data protection standards. It is concluded that the Automon app design does not meet the new legal standards.

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Section: Discussionmentioning

confidence: 99%

Capturing licence plates: police-citizen interaction apps from an EU data protection perspective

Milaj

Eck

2019

International Review of Law, Computers & Technology

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“…The reluctance of the Court to use the 'less restrictive alternative' test when judging Union measures was clearly seen in the invalidation of the Data Retention Directive case (Digital Rights Ireland §52) where the necessity step of the proportionality test was reduced to a 'limited to what is strictly necessary' analyses (Milaj 2015). Despite these incongruences, it is clear that also at European Union level the proportionality principle is seen as the one to be used by national authorities when deciding on the limitation of a fundamental right.…”

Section: Development Of Proportionality In a European Union Contextmentioning

confidence: 99%

Privacy, surveillance, and the proportionality principle: The need for a method of assessing privacy implications of technologies used for surveillance

Milaj

2015

International Review of Law, Computers & Technology

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Developments in technology have created the possibility for law enforcement authorities to use for surveillance purposes devices that are in the hands or private premises of individuals (e.g. smart phones, GPS devices, smart meters, etc.). The extent to which these devices interfere with an individual's private sphere might differ. In the European Union, surveillance measures are considered lawful if they have been issued in conformity with the legal rules and the proportionality principle. Taking a fundamental rights approach, this paper focuses on the information needed for adopting proportionate decisions when authorizing the use for surveillance of devices that are not built for surveillance purposes. Since existing methods of privacy assessment of technologies do not offer the required information, this paper suggests the need for a new method of assessing privacy implications of technologies and devices which combines an assessment of privacy aspects with the different dimensions of surveillance.

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Smart Meters as Non-purpose Built Surveillance Tools

Milaj¹,

Bonnici²

2016

Privacy Technologies and Policy

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Invalidation of the data retention directive – Extending the proportionality test

Cited by 5 publications

References 14 publications

Capturing licence plates: police-citizen interaction apps from an EU data protection perspective

Capturing licence plates: police-citizen interaction apps from an EU data protection perspective

Privacy, surveillance, and the proportionality principle: The need for a method of assessing privacy implications of technologies used for surveillance

Smart Meters as Non-purpose Built Surveillance Tools

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