ABSTRACT

Surveillance has a long and challenging history in penal reform, welfarism and civil society both in ideal, realised and fictional form. Such surveillance is usually pre-planned, rigorous and focused on an identifiable person or group. It is the 'identifiability' and the linking of data, of whatever form and however gathered, to a specific person or group that raises the challenge to privacy. Privacy is a much more contentious concept, although generally presumed to be 'valued' it cannot be assumed to be an 'unqualified good' since its absolute application could conceal criminality or harm perpetrated on others in secret. The chapter focuses on the relevant rights and part of the analytic problem we must address is that the espoused rights can contain inherent contradictions. It also seeks to explore issues involved with balancing public security with individual privacy. There are distinct conflicts between 'security' and 'privacy' – the latter lying at the core of ethical issues.