Predictive Analytics in Crime Prevention and the European Convention on Human Rights: Tackling Risks in Privacy and Fair Trial Frameworks Cover Image

Predictive Analytics in Crime Prevention and the European Convention on Human Rights: Tackling Risks in Privacy and Fair Trial Frameworks
Predictive Analytics in Crime Prevention and the European Convention on Human Rights: Tackling Risks in Privacy and Fair Trial Frameworks

Author(s): Donatas Murauskas
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: right to a fair trial; human rights; European Court of Human Rights; predictive analytics; case-law

Summary/Abstract: In this paper I discuss whether the European Convention on Human Rights provides safeguards to individuals affected by predictive analytics in crime prevention. I start with depicting a conceptual issue that worries legal scholars – the trend of law-enforcement authorities to increase their attention to crime prevention rather than traditional criminal investigations. Then I dive into the right to privacy case-law of the European Court of Human Rights looking for the Court’s references to the threats of data processing. Lastly, I select concrete cases of the European Court of Human Rights on the right to a fair trial to show that the human rights safeguards are not yet developed to frame predictive analytics in crime prevention.

  • Issue Year: 2021
  • Issue No: 97
  • Page Range: 225-250
  • Page Count: 26
  • Language: English
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