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 MurauskasSubject(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.
Journal: Acta Universitatis Lodziensis. Folia Iuridica
- Issue Year: 2021
- Issue No: 97
- Page Range: 225-250
- Page Count: 26
- Language: English