Privacy in public spaces: what expectations of privacy do we have in social media intelligence?

Lilian Edwards, Lachlan Urquhart

Research output: Contribution to journalArticle

Abstract

In this paper we give an introduction to the transition in contemporary surveillance from top down traditional police surveillance to profiling and “pre-crime” methods. We then review in more detail the rise of open source (OSINT) and social media (SOCMINT) intelligence and its use by law enforcement and security authorities. Following this we consider what if any privacy protection is currently given in UK law to SOCMINT. Given the largely negative response to the above question, we analyse what reasonable expectations of privacy there may be for users of public social media, with reference to existing case law on art 8 of the ECHR. Two factors are in particular argued to be supportive of a reasonable expectation of privacy in open public social media communications: first, the failure of many social network users to perceive the environment where they communicate as “public”; and secondly, the impact of search engines (and other automated analytics) on traditional conceptions of structured dossiers as most problematic for state surveillance. Lastly, we conclude that existing law does not provide adequate protection for open SOCMINT and that this will be increasingly significant as more and more personal data is disclosed and collected in public without well-defined expectations of privacy.
LanguageEnglish
Pages279-310
Number of pages32
JournalInternational Journal of Law and Information Technology
Volume24
Issue number3
Early online date10 Aug 2016
DOIs
StatePublished - 1 Sep 2016

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social media
public space
privacy
intelligence
surveillance
personal data
ECHR
Law
case law
law enforcement
search engine
social network
communications
police
offense
art

Keywords

  • privacy in law
  • social media
  • open source intelligence
  • big data
  • predictive policing

Cite this

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abstract = "In this paper we give an introduction to the transition in contemporary surveillance from top down traditional police surveillance to profiling and “pre-crime” methods. We then review in more detail the rise of open source (OSINT) and social media (SOCMINT) intelligence and its use by law enforcement and security authorities. Following this we consider what if any privacy protection is currently given in UK law to SOCMINT. Given the largely negative response to the above question, we analyse what reasonable expectations of privacy there may be for users of public social media, with reference to existing case law on art 8 of the ECHR. Two factors are in particular argued to be supportive of a reasonable expectation of privacy in open public social media communications: first, the failure of many social network users to perceive the environment where they communicate as “public”; and secondly, the impact of search engines (and other automated analytics) on traditional conceptions of structured dossiers as most problematic for state surveillance. Lastly, we conclude that existing law does not provide adequate protection for open SOCMINT and that this will be increasingly significant as more and more personal data is disclosed and collected in public without well-defined expectations of privacy.",
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Privacy in public spaces : what expectations of privacy do we have in social media intelligence? / Edwards, Lilian; Urquhart, Lachlan.

In: International Journal of Law and Information Technology, Vol. 24, No. 3, 01.09.2016, p. 279-310.

Research output: Contribution to journalArticle

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