Chapter

Implementing the Right to Public Anonymity

in Privacy at Risk

Published by University of Chicago Press

Published in print October 2007 | ISBN: 9780226762838
Published online March 2013 | e-ISBN: 9780226762944 | DOI: http://dx.doi.org/10.7208/chicago/9780226762944.003.0005
Implementing the Right to Public Anonymity

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This chapter examines the issues related to the implementation of the right to public anonymity. It discusses the four factors that should be considered in constitutional regulation of government efforts to pierce public anonymity through closed-circuit television (CCTV) surveillance. The chapter describes permissible surveillance based on the Supreme Court's roadblock jurisprudence and the proportionality principle. It also suggests that courts should set minimum guidelines and monitor police decisions to ensure that public surveillance is conducted in a reasonable manner, but that most of the details be left up to the political process.

Keywords: public anonymity; CCTV surveillance; Supreme Court; roadblock jurisprudence; proportionality principle; public surveillance; political process

Chapter.  7556 words. 

Subjects: Criminal Law

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