Video surveillance and privacy: Considerations about the cases Blimps and Drones

Abstract

This article analyzes the conflicting relationship between video surveillance practices and the right to privacy. With this purpose, two recent cases resolved by the High Courts of Justice are reviewed. After identifying the main considerations of such sentences, the author develops three aspects that he considers problematic: the scope of the concept of privacy, advocating for a broad sense of this right, also extended to the public sphere; the importance that underlies the rule of law in terms of intrusion to privacy; and the necessary balance of interests via the principle of proportionality.

This article analyzes the conflicting relationship between video surveillance practices and the right to privacy. With this purpose, two recent cases resolved by the High Courts of Justice are reviewed. After identifying the main considerations of such sentences, the author develops three aspects that he considers problematic: the scope of the concept of privacy, advocating for a broad sense of this right, also extended to the public sphere; the importance that underlies the rule of law in terms of intrusion to privacy; and the necessary balance of interests via the principle of proportionality.