Whether privacy is an adequate legal safeguard against intrusive government or private sector activity remains open for further exploration. Although the criminal law has always imposed limits on the ability of police to enter private premises and seize property associated with criminal activity, the appropriate balance between a claimant’s personal rights and the broader public interest in preventing crime or promoting safety is not always clear. Similarly, the law preserves the rights of “mass private” property owners and their agents to selectively exclude people from entering or remaining on premises such as shopping malls, sports venues, concert halls, or pubs and nightclubs (Warren 1995). In these types of spaces, many new forms of information dissemination through ICTs reconfigure the balance between anonymity and the ability to monitor an individual’s movements, shopping preferences, and behaviors (Australian Law Reform Commission 2008). Our ongoing research interrogates the highly contested legal relationships between privacy, crime prevention, and new technology and how these are reconciled in legislation and judicial decision-making in light of due process requirements (Rule 2007; Solove 2008; Sutton et al. 2008; Westin 1967).
History
Chapter number
C
Pagination
1-11
ISBN-13
9781493971329
Edition
2nd
Language
English
Notes
Please do not make open access
Publication classification
B1 Book chapter
Copyright notice
2017, Springer Science+Business Media
Extent
1252
Editor/Contributor(s)
Alhajj R, Rokne J
Publisher
Springer-Verlag
Place of publication
New York, N.Y.
Title of book
Encyclopedia of social network analysis and mining