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      Chapter

      Moving away from the security–privacy trade-off
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      Chapter

      Moving away from the security–privacy trade-off

      DOI link for Moving away from the security–privacy trade-off

      Moving away from the security–privacy trade-off book

      The use of the test of proportionality in decision support

      Moving away from the security–privacy trade-off

      DOI link for Moving away from the security–privacy trade-off

      Moving away from the security–privacy trade-off book

      The use of the test of proportionality in decision support
      ByBernadette Somody, Máté Dániel Szabó, Iván Székely
      BookSurveillance, Privacy and Security

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      Edition 1st Edition
      First Published 2017
      Imprint Routledge
      Pages 22
      eBook ISBN 9781315619309
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      ABSTRACT

      Contrasting security to privacy is one of the well-known manifestation areas of the popular approach according to which competing values and demands in a democratic society, as well as the fundamental rights reflecting them, can only be realized at the expense of each other, by creating a balanced result in a virtual zero-sum game. This chapter presents how democratic legal systems handle conflicting fundamental rights and legitimate interests, and show how the judicial practice seemingly corroborates the illusion of inevitableness of the trade-off. From among the two main methodologies developed in democratic rule-of-law traditions, it analyses the European one, the test of proportionality in detail, and shows how methodological rigour in using the test can help superseding the trade-off model within the legal domain. The chapter offers suggestions that, if implemented, will make it possible to move away from the security–privacy trade-off both in judicial practice and decision-making environments.

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