The Legal Implications of Online Surveillance Tools

Online surveillance tools allow investigators to observe individuals and their activities in real-time. They can comprise cameras and microphones, GPS trackers, and biometric scanners that can detect fingerprints and scans of the iris. They also can include software that monitors the computer activity such as keyloggers.

These tools have serious legal implications. They could violate human rights and must be subject to clear legal frameworks that safeguard privacy. These frameworks must define the reasons for their use and stipulate the authorisation processes, including the judicial oversight. They should also establish the limitations on data collection and their retention.

Inconsistency in the use of such tools can be a problem as it can encourage people to self-censor themselves out of fear of being monitored. In addition, the broad use of monitoring social media for threat detection purposes untethered from suspicion of wrongdoing could create a plethora of useless information that can crowd out information on — and sources for — actual security concerns for the public.

While these tools can provide law enforcement agencies significant investigation benefits, they must be subject to specific legal frameworks that ensure human rights. The laws must specify the justifications of their use, provide for authorization procedures, and establish limits on the storage and collection of data. The tools should be subject to judicial oversight, as an independent judicial review could aid in preventing misuse of surveillance technology. Regular reports and disclosures will increase trust and stimulate public debate about the appropriate use and limitations of these tools.

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