Setting the watch : privacy and the ethics of CCTV surveillance / Beatrice von Silva-Tarouca Larsen.
2011
KD1956 .V66 2011 (Map It)
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Details
Title
Setting the watch : privacy and the ethics of CCTV surveillance / Beatrice von Silva-Tarouca Larsen.
Published
Oxford ; Portland, OR : Hart Pub., 2011.
Call Number
KD1956 .V66 2011
ISBN
9781849460842 (cloth)
1849460841 (cloth)
1849460841 (cloth)
Description
xvii, 208 pages ; 24 cm.
System Control No.
(OCoLC)703355004
Bibliography, etc. Note
Includes bibliographical references (pages [187]-196) and index.
Record Appears in
Table of Contents
Preface
ix
Summary Contents
xi
Contents
xiii
1.
Privacy Interests in Public Space
1
I.
The Concept of Privacy
2
A.
von Hirsch's `three circle' theory and the right to anonymity
2
B.
The ethical principles underlying privacy
5
C.
The scope of the privacy claim
10
D.
The private versus public dichotomy
12
II.
Is There a Claim to Privacy in Public Space?
15
A.
The `neutral' concept of privacy
16
B.
Private territories in a public environment
18
1.
Material and situational access barriers in a public setting
20
2.
Conventions of discretion
21
C.
Normative reasons for the protection against unwanted scrutiny in public places
22
1.
The interest in the `presentation of self'
22
2.
The interest in anonymity
24
3.
Moral dimensions of the conventions of `civil inattention'
25
4.
Anonymity vis-a-vis the State
29
III.
The Boundaries of Access Control in Public Spaces
30
A.
Spatial boundaries
31
B.
Normative boundaries
31
1.
Criteria for determining disclosure and access entitlements
32
2.
Material expectations in public space
34
3.
Suspension of anonymity
36
IV.
Is There Scope for Anonymity in Late Modern Society?
36
V.
Moral Concerns Raised by the Restriction of Anonymity and the Justification of Public CCTV Surveillance
38
2.
Does Public CCTV Violate Anonymity Interests?
41
I.
Modalities of Public CCTV Regimes and Their Modus Operandi
42
A.
CCTV technology
42
1.
Placebo cameras
43
2.
Static cameras
43
3.
Pan, tilt and zoom (PTZ) cameras
43
4.
Mobile cameras
44
5.
Cameras with audio capability
44
6.
`Talking' cameras
44
7.
Night vision cameras
44
8.
Cameras with recording facilities
45
9.
Multiplex analogue tape systems
45
10.
Digital systems
46
i.
Facial recognition systems
47
ii.
Radio frequency identification (RFID) tags
49
iii.
Algorithmic monitoring
50
iv.
Automatic number plate recognition
51
v.
Data sharing with public sector databanks
51
B.
Who is in charge of public CCTV surveillance?
53
C.
Surveillance practices
54
1.
Active and passive monitoring
54
2.
Access and reviewing policies
55
3.
Directed surveillance
56
4.
Choice of locations
58
5.
Surveillance techniques
58
II.
Is CCTV Just Another Pair of Eyes?
59
A.
In what way is public CCTV surveillance different from real space appraisal?
60
B.
How intrusive is CCTV?
62
1.
Does CCTV surveillance intrude upon the presentation of self?
63
2.
Is virtual scrutiny less invasive than physical scrutiny?
66
i.
The implications of `distanciation'
66
ii.
The disempowering effect of the observer's inaccessibility
69
3.
Is CCTV surveillance non-judgemental?
71
4.
Is CCTV surveillance `sanitised' by the observers' professional mission?
74
5.
How does recording affect anonymity interests?
77
i.
The implications of the fixing of one's picture
77
ii.
Does the `disembedding' effect reduce the impact of scrutiny of recorded footage?
79
iii.
Exposure to an uninvited audience
81
iv.
Recording without reviewing
82
C.
Does public CCTV increase the pressure to conform?
85
1.
How much control can be exercised through CCTV surveillance?
86
2.
Does CCTV surveillance only restrict our options to commit crimes?
89
3.
Crime Prevention's Possible Legitimising Role
93
I.
Models for Resolving Conflicts between Privacy Interests and Crime Prevention Objectives
94
A.
Dworkin's `rights as trumps' conception
94
B.
von Hirsch's approach
95
C.
The ECHR model for resolving questions of priority between privacy and public interests
98
II.
The Value of Anonymity
103
A.
What constitutes the weight of a right?
103
B.
Examples of highest-ranking rights
104
C.
The value of free speech
105
D.
Placing privacy in the hierarchy of rights
107
1.
The importance of the protection of intimacy
109
2.
The value of privacy of the home
110
3.
Rating anonymity in public space
111
III.
The Importance of Public CCTV's Crime Prevention Mission
117
A.
Whose interests are served by public CCTV?
117
B.
What are the objectives of public CCTV and to what extent are they concerned with crime prevention?
119
C.
What is the persuasive force of the crime prevention arguments supporting public CCTV?
120
1.
Does public CCTV respond to an urgent need for enforcement?
122
i.
Lack of guardianship in public space
122
ii.
Fear of crime
124
iii.
Probable cause for suspicion that crimes will occur
127
2.
How serious are the crimes targeted by CCTV?
128
IV.
How Effective is Public CCTV Surveillance for Combating Street Crime?
130
A.
Findings of empirical studies
130
B.
What are the mechanisms by which CCTV sets out to combat crime and are they likely to work?
132
1.
Active interventions in crimes in progress
134
2.
Increasing the risks of detection and punishment for offenders
134
3.
Deterrence by making detection and conviction more likely
136
i.
Do potential offenders realise that the probability of apprehension has changed?
139
ii.
Would the potential offender take the altered risks of punishment into account when deciding to offend?
139
iii.
Does the potential offender believe that there is a non-negligible likelihood of being caught as a result of CCTV?
141
iv.
Would the potential offenders who commit crimes in public be willing to alter their choices in the light of perceived changes in the likelihood of being caught as a result of CCTV?
142
C.
General conclusions about the potential effectiveness of public CCTV for combating crime
144
4.
Policy Principles and the Regulation of Public CCTV Surveillance
147
I.
Policy Considerations for Public CCTV Surveillance
147
A.
Interference with people who are not suspected of wrong-doing
147
B.
Preserving anonymity in public space
149
C.
Preventive evidence collection
152
D.
Covert CCTV surveillance
154
E.
Placebo surveillance
155
F.
CCTV's role in the fight against terrorism
155
G.
CCTV for monitoring people inside their cars?
157
H.
CCTV for catching shoplifters?
158
II.
The Regulation of Public CCTV Surveillance
159
A.
The implementation of public CCTV schemes
160
1.
Selection of locations
160
2.
Proper budgeting and funding
160
3.
Periodic operational review
161
B.
The execution of surveillance
162
1.
Informing the public
162
2.
Audio surveillance
163
3.
Night vision cameras
163
4.
Passive versus active monitoring schemes
164
5.
The reviewing of recordings
165
6.
Identification of recorded individuals
166
7.
Safeguarding the evidential value of recordings
169
8.
Limited storage period for recordings
170
9.
Safeguards for ensuring fair practice
171
i.
Record keeping
171
ii.
Layering controls for discretion
172
iii.
Supervision and training
172
C.
The structure of the regulatory framework dealing with public CCTV surveillance
173
D.
The regulation of public CCTV surveillance in England and Wales
175
1.
Relevant regulations
176
2.
The achievements of the existing regulation
178
3.
The shortcomings of current regulation
180
Conclusion
185
Bibliography
187
Index
197