Security procedures lie within the compass of the State that in addition may procure services from national or international companies to provide the facilities for collection and management of information that the security services require. Information gathered about individuals or organisations may then be held either by the State, where democratic accountability ought to exist, or by private entities where the conditions for handling sensitive material may not be in the public domain and may possibly be retained or may not only be used for the purposes of a particular State. The Opinion addresses the principles by which these forms of surveillance should be governed.
In addition, surveillance of the public by companies or by other individuals should be subject to conditions, and again, the opinion addresses the principles that govern these forms of ‘commercial’ or individual surveillance, and the manner in which the data so gathered may be used as part of a data mining or profiling system by private entities or the state.
Technologies with the potential to intrude into the privacy of individuals and to which they cannot consent (or cannot opt out), require specific justification. The EGE calls for a case by case justification for these measures.
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