Automated recognition of individuals and/or pre- determined traits or risk factors/criteria lies at the basis of smart surveillance systems. Yet new EU regulations and specifically those on information sharing between police and security forces explicitly prohibit automated decision-taking regarding individuals unless“authorised by a law which also lays down measures to safeguard the data subject’s legitimate interests” (Art 7, CFD 2008/977/JHA). Globally these issues are manifest.
Globally which laws are applicable in this context? What measures are envisioned? What else should the law contain? Can the laws be technology-neutral but sector specific, thus permitting a measured approach to the appropriateness of smart surveillance technologies in key security applications? Can they be extended to all security applications of smart surveillance, even those not covered by existing?