Privacy, dataveillance, and crime prevention

Whether privacy is an adequate legal safeguard against intrusive government or private sector activity remains open for further exploration. The criminal law has always imposed limits on the ability of police to enter private premises and seize property associated with criminal activity, while preserving the rights of “mass private” property owners and their agents to selectively exclude people from entering or remaining on their premises. The appropriate balance between these issues and “the right to be let alone” is often determined by judicial rulings in individual cases. However, the balance between a claimant’s personal rights to be free from undue surveillance and the broader public interest in preventing crime or promoting safety is not always clear. New forms of personal data collection and dissemination through ICTs reconfigure the balance between private and public knowledge (Australian Law Reform Commission 2008), while social network analysis is increasingly deployed by law enforcement agencies to detect and prevent crime. Our ongoing research interrogates how the concept of privacy can be reconciled with the growing use of dataveillance, data mining, and social network analysis to prevent crime and antisocial behavior.