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The Andromeda Galaxy: Legal and Ethical Aspects of Technology-Aided Maritime Border Surveillance Operations
Abstract
The European Union Maritime Security Strategy (EUMSS) Action Plan addresses challenges against the European Union’s (EU) maritime security, ranging from ensuring overall peace to external border control, the protection of maritime infrastructures, common natural resources, and the environment. One of the core EUMSS principles is respect for the rule of law, as reflected under ‘the United Nations Convention on the Law of the Sea and human rights’. Within this framework, this chapter will provide a brief overview of the EU’s maritime security policy landscape, focusing on maritime border surveillance. It will further identify the main legal and ethical challenges for technology-aided maritime surveillance activities for border control. An ethical assessment of the technologies and tools, including drones, satellites, and sensors, that are usually deployed to enhance maritime situational awareness, and the integration of data from such sources, will be conducted. The milestone judgements issued by the Court of Justice of the European Union and the European Court of Human Rights will be critically reviewed so that a possible equilibrium between security and traditional guarantees of the rule of law, respect for the fundamental rights of privacy, personal data protection and the right to asylum is accomplished.
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This volume examines the relationship between privacy, surveillance and security, and the alleged privacy–security trade-off, focusing on the citizen's perspective. Recent revelations of mass surveillance programmes clearly demonstrate the ever-increasing capabilities of surveillance technologies. The lack of serious reactions to these activities shows that the political will to implement them appears to be an unbroken trend. The resulting move into a surveillance society is, however, contested for many reasons. Are the resulting infringements of privacy and other human rights compatible with democratic societies? Is security necessarily depending on surveillance? Are there alternative ways to frame security? Is it possible to gain in security by giving up civil liberties, or is it even necessary to do so, and do citizens adopt this trade-off? This volume contributes to a better and deeper understanding of the relation between privacy, surveillance and security, comprising in-depth investigations and studies of the common narrative that more security can only come at the expense of sacrifice of privacy. The book combines theoretical research with a wide range of empirical studies focusing on the citizen's perspective. It presents empirical research exploring factors and criteria relevant for the assessment of surveillance technologies. The book also deals with the governance of surveillance technologies. New approaches and instruments for the regulation of security technologies and measures are presented, and recommendations for security policies in line with ethics and fundamental rights are discussed. This book will be of much interest to students of surveillance studies, critical security studies, intelligence studies, EU politics and IR in general.
The matter of boat migrants crossing the Mediterranean Sea, seeking to reach Europe, is interchangeably defined as a ‘security issue', requiring stricter border controls, and as a humanitarian issue with corresponding rescue and protection requirements. This paper seeks to understand what role various surveillance technologies, such as radar, satellites, and unmanned aerial vehicles, can play in this respect (legally and technically), in comparison to the role that they are assigned (that is, political expectations). To unravel what surveillance technologies can and cannot do vis-à-vis the aims of control and rescue, there is a need to comprehend what information can be collected and what information is needed to fulfil these objectives. The paper contends that there is a mismatch between the information sought to ‘control’ borders, but which cannot be gathered effectively by or processed using surveillance technologies, and the valuable information needed to perform rescue operations, which these surveillance technologies can supply.
Moving away from the security–privacy trade-off: The use of the test of proportionality in decision support
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Privacy and data protection issues of the European Union Copernicus Border Surveillance Service; see also ECtHR, Uzun v. Germany Application No. 35623/05
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International Convention on Maritime Search and Rescue (SAR)
- Imo
International Convention for the Safety of Life at Sea (SOLAS)
- Imo
Guide on Article 8 of the European Convention on Human Rights Right to respect for private and family life, home and correspondence
- Ecthr
Big Brother Watch and others v. the United Kingdom, Applications Nos. 58170/13
- Contra Ecthr
Moving away from the security-privacy trade-off: The use of the test of proportionality in decision support
- B Somody
- I S Szabó