EU/UK/US surveillance law
legislation about when surveillance is permitted, with what limitations / authority / checks /balances / independent oversight. We need these concrete points of comparison between the different countries.
Each country analysis will be structured to review and answer each of these questions in turn:
(a) review domestic jurisprudence motivating for surveillance and privacy
(b) record whether UN Declaration, Covenant, Guidelines and other resolutions have been ratified
(c) summary of existing and draft national laws covering
surveillance
(d) measure domestic law against international compactors (/US/EU/UK)
(e) measure domestic law against UN draft legal instrument
(f) assess definitions of reasonable grounds, safeguards, checks and balances
(g) assess how do these safeguards, checks and balances operate in practice?
(h) review the efficacy of existing laws and practice in protecting privacy and limiting surveillance?
(i) assess whether existing surveillance practices are ‘legal, necessary and proportionate’?
(j) summarize how surveillance cases have played out in court?
(k) What is working? What gaps exist in existing policy, practice, knowledge, and capacity?
(l) What recommendations arise from this analysis for legislation, practice, or further research?
