ABSTRACT
Emergencies present opportunities for authoritarian governments to flout the values inherent in democratic societies. COVID-19 is a test of the resilience and strength of civil liberties and the rule of law. From a legal standpoint inadequate attention has been paid to the extent to which the effective enforcement of such measures is inextricably linked to public security and public order regulations. The public perception of the spread of the pandemic played a critical role in surrendering ‘special powers’ to governments, and in the acceptance of their enforcement. Self-preservation, whether triggered by an actual global danger or by an induced state of fear, has reduced the sensitivity to the importance of preserving many of the democratic achievements of Western society. Mass data-gathering and surveillance are widely and openly practised in Western countries. Few realize that mobile telephone mast data, together with Internet traffic are mandatorily retained by Internet service providers and made available to law enforcement authorities.
