Institute for Criminology at the Faculty of Law, Ljubljana (KRIMLJ)
13.
Law enforcement drones and surveillance of public space
Završnik, Aleš
Drones are ʺsuitable targetsʺ for resistance to surveillance. Monitoring from the sky seems more inappropriate than other types of omnipresent monitoring, such as surveillance on the internet. ...However, the legal assessment of the adequacy of police uses of drones is not that straightforward. It varies according to the manifold sensing technologies attached to these flying platforms: drones can be used for targeted monitoring or for non-targeted ʺmassʺ surveillance; they can carry audio and video recording devices, or an even subtler IMSI-catcher to indiscriminately harvest telecommunications data; they may cross-reference collected data with data from background databases and in this manner attach to other contemporary ʺsurveillance networksʺ, such as SIS II or EURODAC. The legal regulation and constitutional acceptability of police drones thus greatly depend on their sensing capacities and purpose of use. In the presentation I will show the continuum of police usages of drones from targeted to non-targeted and non-specific uses of drones, and focus specifically on the legal hurdles related to monitoring public space. In principle, an individual does not have a reasonable expectation of privacy (subjective-objective test) when in public space, while it is becoming utterly clear that even the surveillance of solely public spaces enable the police to collect and process (sensitive) personal data. This paradox can be overcome with mosaic theory, which builds on the insight that information becomes much more telling about a person when combined with other data. In other words, the whole may be more revealing than the individual parts and aggregated location data may reveal the ʺsubstance of lifeʺ (cf. United Stated v. Maynard), which the law needs to protect in order to balance the usages of police drones.
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