The Legal Implications of Online Surveillance Tools
Online surveillance tools permit investigators to track the activities of individuals in real time. They may include cameras, microphones, GPS trackers, and biometric scanners such as fingerprint and scans of the iris. They can also include software which spies on the computer’s activities like keyloggers.
These tools come with grave legal implications. They can infringe on rights of the individual and should be subject to clear legal frameworks that safeguard privacy. These frameworks must define the reasons for their use and outline the authorization processes that are required, including the oversight of a judge. They should also stipulate limits on the collection of data and retention.
Inconsistency in the use of such tools could be a problem as it could lead people to self-censor out from fear of being observed. In addition, the widespread use of monitoring social media sites to detect threats without a semblance of separation from suspicions of wrongdoing may produce a mountain of irrelevant information that can crowd out information about and sources for — actual public safety concerns.
These tools may provide great value to law enforcement agencies in terms of investigation, but they must be subjected to clear legal frameworks which guarantee human rights. The laws should define the reasons for their use and the authorization procedures that are required and set limits on the collection and retention of data. The tools must also be subject to oversight by a judge since independent judicial oversight can prevent misuse of surveillance technology. In addition regular reporting and disclosure can create trust and encourage public debate about the proper size and limits of these tools.