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Are Tents A 'Home'? Extending Section 8 Privacy Rights For The Precariously Housed, Sarah Ferencz, Alexandra Flynn, Nicholas Blomley, Marie-Eve Sylvestre Jan 2022

Are Tents A 'Home'? Extending Section 8 Privacy Rights For The Precariously Housed, Sarah Ferencz, Alexandra Flynn, Nicholas Blomley, Marie-Eve Sylvestre

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The home, for most of us, is an obvious zone to assert privacy and property rights. However, this is not the case for those whose control of residential space is precarious. Our paper focuses on privacy rights under the Canadian constitution for those living in tents and, specifically, the judicial rejection of a tent as a home garnering legal protection under the Charter of Rights and Freedoms. We focus on a 2018 case from British Columbia, R. v. Picard, the only judicial decision that we could locate that has explored this question. In holding that the tent is …


Submission To The Justice And Electoral Committee On The Search And Surveillance Bill 2009, Samuel Beswick, William Fotherby Sep 2020

Submission To The Justice And Electoral Committee On The Search And Surveillance Bill 2009, Samuel Beswick, William Fotherby

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This submission to the Justice and Electoral Select Committee of the New Zealand Parliament addresses the surveillance regime created by the Search and Surveillance Bill 2009.


Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Thomasen Jan 2018

Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Thomasen

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The impact of drones on women’s privacy has recently garnered sensational attention in media and popular discussions. Media headlines splash stories about drones spying on sunbathing or naked women and girls, drones being used to stalk women through public spaces, and drones delivering abortion pills to women who might otherwise lack access. Yet despite this popular attention, and the immense literature that has emerged analyzing the privacy implications of drone technology, questions about how the drone might enhance or undermine women’s privacy in particular have not yet been the subject of significant academic analysis. This paper contributes to the growing …


Protecting Information Privacy, Charles D. Raab, Benjamin J. Goold Jan 2011

Protecting Information Privacy, Charles D. Raab, Benjamin J. Goold

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This report for the Equality and Human Rights Commission (the Commission) examines the threats to information privacy that have emerged in recent years, focusing on the activities of the state. It argues that current privacy laws and regulation do not adequately uphold human rights, and that fundamental reform is required. It identifies two principal areas of concern: the state’s handling of personal data, and the use of surveillance by public bodies. The central finding of this report is that the existing approach to the protection of information privacy in the UK is fundamentally flawed, and that there is a pressing …


Cctv And Human Rights, Benjamin J. Goold Jan 2010

Cctv And Human Rights, Benjamin J. Goold

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This chapter provides a brief overview of the human rights implications of closed circuit television (CCTV) surveillance, and aims to help CCTV managers and operators develop public area surveillance policies and practices that are consistent with a commitment to the protection of individual rights and a respect for civil liberties.


How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, Benjamin J. Goold Jan 2010

How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, Benjamin J. Goold

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Over the past decade it has become increasingly common to speak of the emergence of a surveillance society. Surveillance is an almost inescapable part of 21st century life. There is a very real danger that individual privacy - as it is currently understood - may soon become a thing of the past. Some would argue privacy is already dead and we have no choice but to accept our newly transparent lives. For many, surveillance has become part of daily life during visit banks, stores, shopping malls, and many public streets and parks. Travel through airports subjects our bodies to physical …


Putting Surveillance On The Political Agenda – A Short Defence Of Surveillance: Citizens And The State, Benjamin J. Goold, Charles D. Raab Jan 2009

Putting Surveillance On The Political Agenda – A Short Defence Of Surveillance: Citizens And The State, Benjamin J. Goold, Charles D. Raab

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In February 2009 the House of Lords Constitutional Committee in the United Kingdom published the report Surveillance: Citizens and the State. Some have hailed this as a landmark document. Volume 6(3) of Surveillance & Society published 4 invited responses to this report written by prominent scholars. In the attached paper the two Specialist Advisers to this Committee set the context for the report and provide a brief rejoinder to the four responses. NOTE: The authors write in their academic and personal capacities, and not as representatives of the Committee.


Surveillance And The Political Value Of Privacy, Benjamin J. Goold Jan 2009

Surveillance And The Political Value Of Privacy, Benjamin J. Goold

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The steady expansion in the use of surveillance technologies by the state and private sector represents a substantial threat to the privacy of ordinary individuals. Yet despite the best efforts of civil libertarians, many members of the public still struggle to understand why privacy is valuable and deserves to be protected as a basic right. In part, this is a result of the inherent complexity of the idea of privacy, but it is also due a tendency on the part of privacy advocates to focus on the individual - as opposed to the social and political dimensions - of privacy. …


Le Développement De L’Évaluation De La Menace De La Criminalité Organisée Et L’Architecure De Sécurité Intérieure (Development Of The Organised Crime Threat Assessment (Octa) And Internal Security Architecture), Benjamin J. Goold Jan 2009

Le Développement De L’Évaluation De La Menace De La Criminalité Organisée Et L’Architecure De Sécurité Intérieure (Development Of The Organised Crime Threat Assessment (Octa) And Internal Security Architecture), Benjamin J. Goold

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Cette note propose une vue d’ensemble de l’approche européenne des questions de sécurité, de lutte contre le terrorisme et contre la criminalité organisée. Elle aborde plus particulièrement le rôle de la Stratégie européenne de sécurité (SES) dans l’élaboration des politiques et des dispositions institutionnelles, ainsi que l’influence de l’OCTA (Évaluation de la menace de la criminalité organisée). cette note recommande qu’un certain nombre de mesures soient prises pour recentrer et rationaliser les structures existantes attachées aux questions de sécurité et de lutte contre le terrorisme et le crime organisé. Le nombre d’agences directement ou indirectement impliquées dans le recueil d’informations, …


Privacy, Identity And Security, Benjamin J. Goold Jan 2007

Privacy, Identity And Security, Benjamin J. Goold

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This paper examines the relationship between security, surveillance, privacy and identity, both in the context of legislation such as the Anti-terrorism Act and the PATRIOT Act, and also in the light of ongoing changes in how that personal information is gathered, processed and used. It is argued that prevailing notions of privacy — and the legal frameworks that aim to protect privacy interests — are ill-suited to defending individuals from an increasingly sophisticated array of surveillance and data processing techniques, which enable information to be acquired and shared at almost zero-cost and which threaten to establish the ‘categorical identity’ as …


Public Protection, Proportionality, And The Search For Balance, Benjamin J. Goold, Liora Lazarus, Gabriel Swiney Jan 2007

Public Protection, Proportionality, And The Search For Balance, Benjamin J. Goold, Liora Lazarus, Gabriel Swiney

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This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the United Kingdom, France, Germany, Spain, and the European Court of Human Rights (ECtHR). It examines how rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security. The report concludes that British courts are less consistent in their application of proportionality than countries with constitutional rights protections which tend to be more rigorous in their protections of rights than are countries, like the UK, that rely instead on the …


Public Area Surveillance And Police Work: The Impact Of Cctv On Police Behaviour And Autonomy, Benjamin J. Goold Jan 2003

Public Area Surveillance And Police Work: The Impact Of Cctv On Police Behaviour And Autonomy, Benjamin J. Goold

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Drawing on a recent study of the impact of closed circuit television (CCTV) cameras on policing practices in a large English police force, this paper considers whether the presence of surveillance cameras affects the working attitudes and behaviour of individual police officers. In particular, this paper asks whether CCTV makes the police more accountable or more cautious in the exercise of their discretion in public spaces. Although noting that in certain circumstances CCTV may inadvertently help to reduce incidences of police misconduct, this paper concludes by arguing that more needs to be done to prevent the police from interfering with …


Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield Jan 2002

Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield

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For over 150 years, there has been a history of tension and conflict between the police and minority communities in the United States. In principle, the police exist to enforce the law and protect all citizens regardless of race or ethnic background, yet police departments across the country have been repeatedly accused of targeting and harassing racial minorities, and of failing to root out racist attitudes and practices within their ranks. Recent, high profile cases of beatings by police have only served to heighten concerns over the mistreatment of minorities by the police, resulting in widespread calls for major legal …