ABSTRACT
This chapter focuses on the fundamental rights infringements generated by digital security technologies and investigates what is meant when the image of the scale is invoked. It argues that the balancing act requires checking for an adequate implementation of counter-infringement measures. The chapter discusses the difference between security and safety and its relevance for digital security technologies (DSTs). It explores three types of DSTs: those safeguarding access and confidentiality, those involved in monitoring, filtering and blocking of data and systems. The chapter examines how privacy and other fundamental rights are impacted by the employment of DSTs, arguing that they require an assessment of the need for counter-infringement measures. Constitutional and international human rights law employ various strategies to limit the scope of fundamental rights, while ensuring they do not lose their substance. It also investigates how the legal framework of fundamental rights relates to issues of digital security. The chapter concludes with the findings regarding counter-infringement measures.
