Lecture: Legal Perspectives on the Software Industry in a 'Surveillance Economy'
Contents
- Intentions
- Who makes the decisions
- Who has influence
Laws
- Laws change
- Laws differ between countries
- Laws change over time
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Rule of Law
- No one is above the law
- 'Natural Justice'
- Adequate Notice
- Fair Hearing
- No Bias
- Separation of powers between different agencies (executive, legislative, judicial)
- The decision of a court is binding (must be applied)
- Interests and arguments must be taken into account and balanced
- Law can be (legally) contested
"Codes" were extended, such that a breach was made illegal
If something goes wrong, who is responsible
- Should be a need to point fingers?
The computer science industry is immature in terms of policies
Breaking the law is illegal
- But difficult to always enforce_.
Doing the wrong thing may not be illegal
- But your reputation may be at risk
Professional Liability
- Membership of a professional body
- Requires registration prior to carrying out work
- Standards of practice
- Self-regulation (within the body)
- Professional Indemnity - Insurance
Dataveillance and Uberveillance
Online Surveillance
Reasons to care about privacy, personal information, security and confidentiality
Visibility of data
Review: "How many criminals have you caught"
Data Retention
Informed Consent
Important decisions should be made by the client
i.e. COVID Safe Tracker app - Does it work? Do people trust the government?