The Right to Public Privacy under Surveillance

2012 ◽  
pp. 25-32
Author(s):  
Christina M. Akrivopoulou
Keyword(s):  
Surveillance System ◽  
Policy Making ◽  
The Political ◽  
Political Autonomy ◽  
The Public ◽  
Public Surveillance ◽  
The Individual ◽  
The Uk ◽  
The Right ◽  
Camera Surveillance

This chapter is critically commenting on the augmenting policy of public surveillance through the ‘Public Camera Surveillance’ system (CCTV technology) in Greece and in other countries such as the UK, USA, Canada, and Australia. It presents the arguments in favor and against such policies and the main threats that such policy-making poses for the freedom of the individual as represented in the relevant jurisprudence of the ECtHR. The main argument of the presentation underlines the need for the interpretive deduction of a right to anonymity or otherwise of a right to public privacy from the traditional notion of privacy. This right enables the individual to enjoy his/her privacy in public, thus allowing him/her to circulate in public assured that his/her presence will remain anonymous and permitting him/her to merge within the rest of the crowd. Such a right is specifically valuable in order to protect the political autonomy of the individual as a participant of demonstrations and public movements or manifestations under the precondition that his/her deeds do not merit the state’s intervention. The presentation closes with some remarks on the changing social and political ethos that brings forward the demand of public surveillance as a need for public safety.

scholarly journals What do users think of the UK’s three COVID-19 contact-tracing apps? A comparative analysis

2021 ◽  
Vol 28 (1) ◽  
pp. e100320
Author(s):  
Vahid Garousi ◽  
David Cutting
Keyword(s):  
Mobile Apps ◽  
Analysis Data ◽  
End Users ◽  
Contact Tracing ◽  
User Reviews ◽  
The Public ◽  
Engineering Teams ◽  
Technical Issues ◽  
The Uk ◽  
The Right

ObjectivesOur goal was to gain insights into the user reviews of the three COVID-19 contact-tracing mobile apps, developed for the different regions of the UK: ‘NHS COVID-19’ for England and Wales, ‘StopCOVID NI’ for Northern Ireland and ‘Protect Scotland’ for Scotland. Our two research questions are (1) what are the users’ experience and satisfaction levels with the three apps? and (2) what are the main issues (problems) that users have reported about the apps?MethodsWe assess the popularity of the apps and end users’ perceptions based on user reviews in app stores. We conduct three types of analysis (data mining, sentiment analysis and topic modelling) to derive insights from the combined set of 25 583 user reviews of the aforementioned three apps (submitted by users until the end of 2020).ResultsResults show that end users have been generally dissatisfied with the apps under study, except the Scottish app. Some of the major issues that users have reported are high battery drainage and doubts on whether apps are really working.DiscussionTowards the end of 2020, the much-awaited COVID-19 vaccines started to be available, but still, analysing the users’ feedback and technical issues of these apps, in retrospective, is valuable to learn the right lessons to be ready for similar circumstances in future.ConclusionOur results show that more work is needed by the stakeholders behind the apps (eg, apps’ software engineering teams, public-health experts and decision makers) to improve the software quality and, as a result, the public adoption of these apps. For example, they should be designed to be as simple as possible to operate (need for usability).

Religious freedom and the ‘right to discriminate’ in the school admissions context: a neo-republican critique

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 615-643 ◽  
Author(s):  
Eoin Daly ◽  
Tom Hickey
Keyword(s):  
Public Education ◽  
Religious Freedom ◽  
Religious Discrimination ◽  
Religious Schools ◽  
The Public ◽  
Definition Of ◽  
The Uk ◽  
The Right ◽  
Republican Theory ◽  
Faith Schools

In law and discourse, it has typically been assumed that the religious freedom of state-funded religious schools must trump any competing right to non-discrimination on grounds of belief. For example, the Irish Constitution has been interpreted as requiring the broad exemption of denominational schools from the statutory prohibition on religious discrimination in school admissions. This stance is mirrored in the UK Equality Act 2010. Thus, religious discrimination in the public education context has been rationalised with reference to a ‘liberty-equality dichotomy’, which prioritises the integrity of faith schools' ‘ethos’, as an imperative of religious freedom. We argue that this familiar conceptual dichotomy generates a novel set of absurdities in this peculiar context. We suggest that the construction of religious freedom and non-discrimination as separate and antagonistic values rests on a conceptually flawed definition of religious freedom itself, which overlooks the necessary dependence of religious freedom on non-discrimination. Furthermore, it overstates the necessity, to religious freedom, of religious schools' ‘right to discriminate’. We argue for an alternative ordering of the values of religious freedom and non-discrimination – which we locate within the neo-republican theory of freedom as non-domination.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

Conclusion

2020 ◽  
pp. 201-206
Author(s):  
Lucy Atkinson ◽  
Andrew Blick ◽  
Matt Qvortrup
Keyword(s):  
Nineteenth Century ◽  
Natural Extension ◽  
The Political ◽  
The Public ◽  
The People ◽  
Popular Government ◽  
Political Spectrum ◽  
Device Use ◽  
The Uk ◽  
Working Device

The referendum came onto the agenda in the UK in the final quarter of the nineteenth century, and it has never entirely disappeared from it, either as a proposition or a working device. Use of the referendum in the UK was conceived of and presented both as a natural extension of the principle of democracy that was then taking hold, and as a means of offsetting perceived defects with the representative variant of popular government that had developed. In particular, it was seen as a safeguard against the manipulative impact of parties that might lead the parliamentary system to serve the ends of factions within the elite above the people. It might enable the public to vote for a particular party with which they were broadly sympathetic without needing to endorse their entire programme; and would mean that a government could not implement measures of major significance to which a majority objected. It was largely envisaged as likely to have a conservative impact, creating a new and final means by which change might be blocked. Yet its appeal spread across the political spectrum; as did opposition to it....

Destituent Power

2020 ◽  
pp. 123-138
Author(s):  
Markus Patberg
Keyword(s):  
Civil Disobedience ◽  
Popular Sovereignty ◽  
The Political ◽  
Constitutional Change ◽  
Constituent Power ◽  
Public Authorities ◽  
Protest Movements ◽  
The Public ◽  
The Right ◽  
The Eu

This chapter takes up the public narrative of ‘We, the multitude of Europe’, which suggests that the only hope for progressive change in the EU lies in a politics of disruption, and asks whether this idea can be defended based on a systematic model. To that end, it resorts to the political theory of destituent power, according to which opposition to or withdrawal from public authority can function as a legitimate trigger for constitutional change. Distinguishing between anti-juridical and juridical conceptions of destituent power, the chapter discusses to what extent the disruptive political strategies put forward by protest movements in the EU can be regarded as justifiable. Focusing on the juridical strand as the more plausible one, it argues that ideas of destituent power as ‘state civil disobedience’ run into a problem of authorization. By contrast, popular sovereignty-based approaches illuminate a neglected dimension of constituent power: the right to dismantle public authorities without the intention to create new ones. While such a model of destituent power in part captures the actions and demands of EU protest movements, it can only complement, not replace, the constructive side of constituent power.

Migrant domestic workers and the right to a private and family life

2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca
Keyword(s):  
Family Life ◽  
Domestic Workers ◽  
Private Sphere ◽  
Labour Law ◽  
The Public ◽  
Labour Legislation ◽  
The Uk ◽  
The Right ◽  
Migrant Domestic Workers

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.

Individual Sanctions of Competition Law: A Comparison between the UK and Turkey

2019 ◽  
Vol 28 (1) ◽  
pp. 154-171
Author(s):  
Samet Caliskan ◽  
Saliha Oner
Keyword(s):  
Competition Law ◽  
Deterrent Effect ◽  
Eu Law ◽  
High Expectations ◽  
The Individual ◽  
The Uk ◽  
The Right ◽  
The Way

It is a highly advocated view that a competition law with sanctions targeting individuals would achieve a greater deterrent impact than one that does not. Having introduced individual sanctions does not, however, guarantee that a market would have less anticompetitive conduct, because these sanctions are effective only insofar as they are severely implemented on wrongdoing individuals. UK competition law is one example of this issue because cases where individuals have been targeted and punished are significantly fewer than the authorities expected, in spite of it being more than 15 years since individual sanctions were introduced amidst high expectations. This article examines the individual sanctions of competition law in the UK and Turkey. It argues that Turkey is on the right path by departing from the way in which EU law enforces the rules of competition law, and is moving closer to UK law. However, it is argued that further steps should be cautiously considered to avoid the same issues which UK competition law is currently experiencing, as there are serious doubts that the latter has achieved the desired deterrent effect.

scholarly journals The performance of power and citizenship: David Cameron meets the people

2019 ◽  
Vol 22 (5) ◽  
pp. 678-690
Author(s):  
Peter Lunt
Keyword(s):  
Prime Minister ◽  
Political Agency ◽  
David Cameron ◽  
Political Autonomy ◽  
The Public ◽  
Mainstream Media ◽  
The People ◽  
Key Issues ◽  
The Uk ◽  
Television Studio

How do citizens respond to and engage with the performance of political power in the context of mainstream media? Through an analysis of two television programmes aired during the UK Brexit referendum campaign of 2016, a picture emerges of citizenship as the performative disruption of the performance of power. In the programmes the then UK prime minister, David Cameron, met members of the public for a mediated discussion of key issues in the Brexit referendum. Their interactions are analysed here as a confrontation between the performance of citizenship and power reflecting activist modalities of disruptive citizenship played out in the television studio. The article ends with reflections on questions about political agency as individualistic forms of disruptive political autonomy.

Do territorial rights include the right to exclude?

2018 ◽  
Vol 18 (4) ◽  
pp. 307-322 ◽  
Author(s):  
Cara Nine
Keyword(s):  
Political Theory ◽  
John Locke ◽  
Public Spaces ◽  
Prima Facie ◽  
Property Right ◽  
The Political ◽  
The Public ◽  
Hard Time ◽  
Territorial Rights ◽  
The Right

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unilaterally exclude aliens from state territory. But is this claim justifiable? I examine the version of territorial rights that has the most compelling story to support the right to exclude: territorial rights as a kind of property right, where ‘territory’ refers to the public and common spaces included in the domain of state jurisdiction. I analyse the work of A. J. Simmons, who develops the political theory of John Locke into one of the most well-articulated and defended theories of territorial rights as a kind of property right. My main argument is that Simmons’ justification for rights of exclusion, which are derived from individual rights of self-government, does not apply to many kinds of public spaces. An upshot of this analysis is that most Lockean-based theories of territorial rights will have a hard time justifying the right to exclude as a prima facie right held by states against aliens.

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