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Law Enforcement and Libraries in the UK: Privacy, Proportionality & Good Practice

Published online by Cambridge University Press:  31 July 2008

Andrew Charlesworth
Affiliation:
Andrew Charlesworth is Senior Research Fellow in IT & Law and Director of the Centre for IT & Law, Departments of Law and Computer Science, University of Bristol, UK. . The Centre for IT & Law is sponsored by Vodafone Group Services Ltd, Barclaycard, Herbert Smith, Hewlett Packard Laboratories and the Law Society Charitable Trust.

Extract

When we examine the implications of US and UK governmental responses to the events of 9/11 for the privacy rights of their citizens, we have to begin from the understanding that even prior to 9/11 there were relatively few congruencies between the two legal systems. While neither country has an explicit constitutional right to privacy, in the US the Supreme Court decided in Griswold v. Connecticut (1965) that for many of the other constitutional rights to be meaningful, there had to be at least an implicit right to privacy derivable from the Constitution. In contrast, the concept of a right of personal privacy, to protect the individual from third parties generally, or from government in particular, is one which, until recently, has been largely alien to the law of the United Kingdom. Unlike the situation in the United States, the judiciary in the UK has consistently declined to provide specific sectoral privacy rights, via the common law, that might eventually be developed into a general right of privacy. Legislative attempts to create such a general right have met with an equal lack of enthusiasm. Where specific sectoral statutory protections of privacy have been adopted by the UK Parliament they have, almost without exception, come about as a result of pressures at an international level, not the least as a result of actions, or threats of actions, under the European Convention on Human Rights, or as a result of economic requirements consequent upon the UK's membership of the EU.

Type
Research Article
Copyright
Copyright © The British and Irish Association of Law Librarians 2003

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References

Regulation of Investigatory Powers Act 2000.Google Scholar
Anti-terrorism, Crime and Security Act 2001.Google Scholar
Extent of UK snooping revealed, BBC News Online, Friday, 16 May, 2003.Google Scholar
Schools in fingerprinting row, BBC News Online, Tuesday, 23 July, 2002.Google Scholar
<Kundnani, Arun, Libraries rebuff police surveillance of asylum seekers, Big Issue, 17 March 2003.Google Scholar
<Sturges, Paul, Why should we worry about privacy? Library + Information Update, 01 2003.Google Scholar
<http://www.cilip.org.uk/update/issues/jan03/article4jan.html>>Google Scholar
<Sturges, Paul et al. Privacy in the Digital Library Environment. Library and Information Commission Research Report 135. Resource, 2002. Available from British Thesis Service, BL DSC, Boston Spa, Wetherby LS23 7BQ.Google Scholar
Foucault, Michel, Discipline and Punish: The Birth of the Prison. (Penguin Books, 1991).Google Scholar