Abstract
For law enforcement purposes, authorities may either use a method of indiscriminate control or an investigative approach aimed at (finding) a particular suspect of law-breaking behavior. By applying data matching technologies, indiscriminately collected surveillance data are combined with data from other sources to select individual citizens. Inspired by insights from behavioral research, these citizens may be proactively approached in order to steer them towards desired behavior. The authorities present their communications as a service. However, selecting and addressing individual citizens tends towards investigative practices without the demonstration of any law-breaking behavior, thus straining legal certainties related to the distinction between control and investigation. Practical examples are provided through three case studies, and a number of procedural improvements are suggested to reduce the potentially intimidating character of the practices.
Original language | English |
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Title of host publication | European Data Protection |
Subtitle of host publication | Coming of Age |
Publisher | Springer |
Pages | 347-365 |
Number of pages | 19 |
ISBN (Electronic) | 9789400751705 |
ISBN (Print) | 9789400751842 |
DOIs | |
Publication status | Published - 1 Jan 2013 |