Safeguarding privacy from criminal processTools Purshouse, Joe (2017) Safeguarding privacy from criminal process. PhD thesis, University of Nottingham.
AbstractThis thesis focuses on the privacy interests of those subject to a criminal process. The thesis investigates the extent to which the privacy interests of those subject to such a process are recognised and afforded adequate protection in England and Wales. Over the last thirty years policing has become increasingly proactive and preventive. Advances in technology have given rise to new policing strategies, which emphasise the need to manage ‘risky’ groups and individuals through the collection and retention of disparate pieces of personal information. Whilst there is a significant body of criminological literature documenting this trend, and raising the possibility that these developments could pose a threat to the privacy interests of those subject to such preventive policing measures, criminological theorising alone cannot provide a defensible normative model for assessing the impact of such developments. Moreover, criminal procedure scholarship tends to focus on human rights insofar as they regulate adjudicatory policing measures geared towards the prosecution of suspected offenders. This procedural scholarship does not focus centrally on the wider functions of the police in maintaining order and protecting the public by gathering intelligence on ‘risky’ individuals and groups.
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