Balance or Trade-off? Online Security Technologies and Fundamental Rights

Philosophy and Technology 26 (4):357-379 (2013)
Authors
Mireille Hildebrandt
University of Nijmegen
Abstract
In this contribution, I will argue that the image of a balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought, I will explore the relationship between online security technologies and fundamental rights, notably privacy, nondiscrimination, freedom of speech and due process. After discriminating between three types of online security technologies, I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of fundamental rights such as privacy. The conclusion will be that in the case of a trade-off, infringing measures will have to be balanced by effective safeguards. No trade-off without balance
Keywords Online security technologies  Security  Safety  Privacy  Monitoring  Filtering  Confidentiality  Integrity  Availability  Cybercrime  Balance  Trade-off
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DOI 10.1007/s13347-013-0104-0
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References found in this work BETA

Oneself as Another.Paul Ricoeur - 1992 - University of Chicago Press.
Security and Liberty: The Image of Balance.Waldron Jeremy - 2003 - Journal of Political Philosophy 11 (2):191-210.
Orality and Literacy: The Technologizing of the Word.Walter J. Ong - 1983 - Philosophy and Rhetoric 16 (4):270-271.
An Introduction to Rights.William A. Edmundson - 2006 - Cambridge University Press.

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