A fundamental rights analysis of smart surveillance technologies

In order to provide a clearer idea about the legal frameworks that are relevant for the use of smart surveillance technologies, this chapter first reviews existing laws and principles that are relevant to the use of surveillance technologies in general, focusing in particular on the right to privacy and data protection. Then, these laws and principles are 'applied' or tested to a number of smart surveillance technologies in order to assess their potential intrusiveness into a range of fundamental rights, including due process and non-discrimination. Finally, as legislation in the field of data protection is currently undergoing critical changes, the chapter passes under review the most important developments from the perspective of the impact on, and development of, smart surveillance. Based on this analysis, in its conclusions, the chapter advances some elements for further reflection, inter alia: the crucial role of the principle of data minimization; the growing issue of discrimination; the need to ensure a consistent approach in terms of data protection over private-public surveillance partnership; the somehow paradoxical sidelining of the right to privacy from current legislative developments, in favor of the right to data protection.