74 research outputs found

    From the Persuasion of Theory to the Certainty of Law:A Multi-Jurisdictional Analysis of the Law of Community Policing in Europe

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    This paper analyses the legal bases of community policing under European Union (EU) law and the national laws of England, France, Germany, Italy, Romania and Portugal. Community policing arguably helps the police achieve efficient policing while respecting the requirements of the rule of law, a founding value of the EU, and can be a form of co-operation between the EU Member States under the EU legal framework for crime prevention. Moreover, the law in the selected jurisdictions supports four elements of the community policing model: (1) the public-police partnership in establishing policing strategies and priorities; (2) the public-police partnership for crime prevention and detection; (3) proactive and preventive policing; and (4) the police as providers of high quality services tailored to improve people’s quality of life. These elements are interrelated and interdependent: their holistic legal articulation is necessary for their effective existence

    Posthumous Medical Confidentiality; The Public Interest Conundrum

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    This paper reflects on the balancing of public interests that needs to be undertaken under English law when dealing with posthumous medical confidentiality. Until 2007, doctors were bound only by professional codes of ethics to maintain confidentiality after their patients’ death. In 2008, the High Court stated that it is arguable that confidentiality applies in the post-mortem context. This, it claimed, is in the public interest. The court then followed the ecthr in using the same basis – public interest – to accept that there may be exceptions to this duty. This paper considers different situations where multiple interests come together for and against the posthumous disclosure of medical information. This examination suggests that there is considerable uncertainty caused by using one notion of public interest to justify confidentiality, and another to make the case for disclosure. It calls for the legislator to intervene to help resolve the conundrum

    The citizens’ perspective : awareness, feelings and acceptance of surveillance and surveillance systems for fighting crime in the Netherlands. A quantitative study

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    This document presents the results for the Netherlands within the framework of a larger study undertaken as part of the RESPECT project – “Rules, Expectations and Security through Privacy-enhanced Convenient Technologies” (RESPECT; G.A. 285582) – which was co-financed by the European Commission within the Seventh Framework Programme (2007-2013). Analyses are based on a survey regarding the perceptions, feelings, attitudes and behaviours of citizens towards surveillance for the purpose of fighting crime, carried out amongst a quota sample that is representative of the population in the Netherlands for age and gender. Responses were gathered, predominantly, through an online survey supplemented by a number of questionnaires administered in face to face interviews, in order to fulfil the quota and also reach those citizens who do not use the internet. The questionnaire consisted of 50 questions and was available online in all languages of the European Union between November 2013 and March 2014. The face to face interviews were carried out between November 2013 and January 2014. The Dutch sample is based on the responses from 350 individuals who indicated the Netherlands as their country of residence in the online survey or were administered the questionnaire face to face. As a result, the Dutch respondents indicated a strongly felt lack of trust in the protection of, and control over, personal information gathered via surveillance. Further, the majority of respondents feel more unhappy than happy with the different types of surveillance (except CCTV), and they feel also unhappy about surveillance taking place without them knowing about it. Additionally, there is a link between feeling happy, or unhappy, about surveillance and feeling secure or insecure through the presence of surveillance. A large number of Dutch respondents appear to have two distinct, and very different, reactions to surveillance. Some people feel secure in the presence of surveillance, but in others surveillance produces feelings of insecurity. However, analyses also indicate that increasing the perceived effectiveness of surveillance measures and increasing the perceived effectiveness of laws regarding the protection of personal data gathered via surveillance may make citizens feel more secure. More research is needed to disentangle the relationships and effects between surveillance measures, feelings of security or insecurity, and citizens’ general quality of life feelings.This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no 285582.peer-reviewe

    STOP, You’re on Camera:The Evidentiary Admissibility and Probative Value of Digital Records in Europe

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    Under the rule of law, the punishment of an accused is possible only when his or her guilt is proven before the judiciary in accordance with legal safeguards including the rules of evidence law. Digital community policing systems—mobile device policing applications and associated networks and servers—collect, transmit and store digital records relevant to violations of law, which can be used by law enforcement agencies as tips to collect further evidence and by prosecutors to prove the guilt of the accused. These digital records must meet the law requirements with regard to the admissibility and probative value of evidence: relevance, legality, authenticity and reliability. Therefore, digital community policing systems should have measures that: (1) enable the identification of the source of the digital records and the time, date and location of their creation; (2) protect the digital records from alteration, manipulation or damage during the collection, transmission or storage; (3) ensure that the digital records are what they purport to be and (4) verify whether the digital records have suffered any omissions

    Commission proposal on the temporary derogation from the e-Privacy Directive for the purpose of fighting online child sexual abuse:Targeted substitute impact assessment

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    On 10 September 2020, the European Commission presented a proposal (COM(2020) 568 final) on the temporary derogation from Articles 5(1) and 6 of the e-Privacy Directive, which protect the confidentiality of communications and traffic data. This proposal is targeted at ensuring the continuation of voluntary practices conducted by providers of ‘number-independent interpersonal communications services’ for the detection, reporting and removal of child sexual abuse material online after the European Electronic Communications Code has entered into force at the end of December 2020. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) raised concerns over the proposal’s potential impact on the human and fundamental rights of the users of those services, and requested that the European Parliamentary Research Service (EPRS) carry out a targeted impact assessment to this end, in the absence of a European Commission impact assessment accompanying this proposal. The assessment finds that while the EU has the competence to adopt the proposed regulation per Article 5 of the Treaty on European Union, the impact of such practices on human and fundamental rights has not been adequately addressed. It should provide a clear legal basis for these practices, along with effective remedies for users. Some technologies covered by the proposed regulation have a disproportionate impact, and thus require additional safeguards unavailable in the proposal in its current form