IEEE Technology and Society Magazine - Summer 2014 - 46

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authorizations and prohibitions
are needed. The explanation
must be supported by evidence
and systemic reasoning, and
not merely rely on assertions.
The well-established process
of Privacy Impact Assessment
(PIA) must be applied
Openness/ Transparency. Sufficient information must be
published in advance of the
deliberations to enable meaningful debate. The law must be sufficiently clear that its implications
can be understood, and explanatory material must be prepared
and must be readily available
Proportionality. The positive
benefits need to be sufficient to
justify the privacy-intrusiveness involved, and the design
must be no more invasive
than is justified. Less privacyinvasive alternatives must have
been considered, and their
inadequacies documented.
Mitigation. unavoidable negative privacy impacts must
be the subject of mitigation
measures
Controls. Authorizations must
be subject to pre-controls, and in
particular must require judicial
warrant, and must be subject to
post-controls. The controls must
relate to specific justification,
combined with security safeguards in relation to the collection, transmission, storage, use,
disclosure, publication, retention and destruction of images,
video, sound, other data, and
meta-data about them
Accountability. Breaches must
be subject to sanction, with
arrangements in place to ensure
enforcement. The regime as a
whole must be subject to periodic review, and adapted or
withdrawn depending on the
findings made in relation to
the need for the regime and its
effectiveness

Conclusions
It is entirely understandable that
rapid technological development
will undermine existing laws. What
is not acceptable is that incoherent
and unbalanced laws should remain
in place. There is a considerable
imbalance between authorizations
for law enforcement agencies on the
one hand, and public rights in relation to PoVS on the other. A framework is available within which
the problems can be addressed,
and specific recommendations are
available from a number of law
reform agencies. Governments and
legislatures need to rise from their
torpor and address these issues.

Author Information
roger Clarke is Principal of Xamax
Consultancy Pty Ltd, Canberra, Australia. He is also a Visiting Professor
in the Cyberspace Law & Policy
Centre at the university of N.S.W.,
and a Visiting Professor in research
School of Computer Science at the
National university. Email: roger.
Clarke@xamax.com.au.

Acknowledgment
An earlier version of this paper was
presented at "Sousveillance and the
Social Implications of Point of View
Technologies in the Law Enforcement
Sector," The Sixth Workshop on the
Social Implications of National Security, Sydney university, NSW, Australia, February 22, 2012.

References

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IEEE TECHNOLOGY AND SOCIETY MAGAZINE

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SuMMEr 2014

http://www.rogerclarke.com/DV/Sreg.html http://www.rogerclarke.com/DV/PandM.html http://www.rogerclarke.com/DV/MSr.html http://www.smh.com.au/ http://www.couriermail http://www.com.au/pol http://www http://dailytelegraph.com.au/entertainment/toilet http://www http://www.eyetap.org/papers/docs/acm_comm96.pdf http://http:// http://www.wearcam.org/historical/ http://www.surveillance http://photorights.4020.net/ http://www.lawlink.nsw.gov.au/lawlink/lrc/ http://www.lawlink.nsw.gov.au/lawlink/lrc/ http://www.austlii http://www.edu.au/au/other/privacy/video/index.html http://www.alrc.gov http://www.privacy.org.au/Papers/ http://www.lawreform http://www http://vic.gov.au/projects/surveillance-public-places/ http://caslon.com.au/photonote.htm

Table of Contents for the Digital Edition of IEEE Technology and Society Magazine - Summer 2014