Safeguarding privacy from criminal process

Purshouse, Joe (2017) Safeguarding privacy from criminal process. PhD thesis, University of Nottingham.

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Abstract

This 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.

This thesis aims to fill this gap in the literature through an assessment of how such policing activities set back privacy related rights. An interdisciplinary method is used, which draws on philosophical literature, European and domestic human rights and criminal procedure jurisprudence, and relevant policing and criminal justice scholarship. The first broad task for the thesis is to develop a normatively defensible model which can identify where privacy interests are set back as part of a criminal process, and articulate why it is important for those tasked with regulating such a process to recognise and appropriately protect these interests. This normative model is then used to assess English law’s response in different contexts to the police use of privacy interfering measures against those subject to the criminal process. It is noted that the European Court of Human Right’s Article 8 jurisprudence has (generally speaking) had a positive impact on English law in this area, but concerns are raised that domestic lawmakers consistently fail to strike a fair balance between the privacy interests of those subject to a criminal process and the legitimate crime prevention goals of the police.

Item Type: Thesis (University of Nottingham only) (PhD)
Supervisors: Roberts, Paul
Jackson, John
Keywords: criminal process, privacy, england, wales
Subjects: K Law > KD England and Wales
Faculties/Schools: UK Campuses > Faculty of Social Sciences, Law and Education > School of Law
Item ID: 48100
Depositing User: Purshouse, Joe
Date Deposited: 14 Dec 2017 04:40
Last Modified: 15 Dec 2017 03:03
URI: http://eprints.nottingham.ac.uk/id/eprint/48100

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