Mass Surveillance, Predictive Policing and the Implementation of the CJEU and ECtHR Requirement of Objectivity
This paper critically examines the judicial regulation of mass surveillance practices undertaken for purposes that include the prevention of serious crime. In essence, this paper assesses the various issues arising from the requirements placed on the private sector, at the behest of security actors, to retain and transfer personal data in bulk for crime prevention purposes. The paper identifies a potental lacuna in the effort of the highest supranational Courts of Europe to delimit this practice and the ‘objectivity’ criterion established in most recent rulings. It is argued that what are presented as strict requirements may in actuality be significantly more lenient in the context of predictive policing methods.
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