A review of Milaj (2015) and Rachovitsa (2016)

~200 words

Published:

Last modified: January 22nd, 12,018 HE

This article review was written for the Introduction to Law module (LL.M5230) of my MSc. It achieved a grade of Distinction.

Abstract

Two articles on the subject of digital privacy are discussed. In the first article, Milaj details the proportionality principle that must be employed in determining whether or not a public authority is justified in breaching the rights to privacy of a subject in aid of maintaining a secure society. She goes on to claim that a method is needed to allow police forces to assess the privacy impact of using technologies not intended for such activities as means of surveillance, in order to help them adhere to the proportionality principle and select the least invasive option at their disposal. In the second article, Rachovitsa discusses the concept of Privacy by Design as popularised following the Snowden leaks of mass global goverment surveillance, and provides evidence for the efficacy of furthering online privacy via technological means rather than statutory ones, followed by claims that legal and technological standards can cross-pollinate productively. First, both articles shall be summarised and critiqued individually. Secondly, they shall be discussed together and compared.