DEMOSEC Day 1. Wed, 29 October 2014
08:30 – 09:00 | Registration
PART 1. WELCOME AND INTRODUCTION
09:00 – 09:15 | Welcome and Introduction
Speaker: Graham Willmott – Head of Unit, Policy and Research in Security, EC
09:15 – 09:45 | Brief presentation of the projects
Speakers: Reinhard Kreissl – Institute for the Sociology of Law and Criminology (IRISS), Joe Cannataci – University of Groningen (RESPECT), Martin Scheinin – European University Institute (SURVEILLE)
PART 2. KEYNOTE
09:45 – 10:45 | Keynote on Surveillance and Democracy
Keynote speaker: Helen Nissenbaum – New York University
Panel members: Charles Raab – University of Edinburgh (IRISS), Nikolaus Forgo – Leibniz University of Hanover (RESPECT), John Mueller – Ohio State University (SURVEILLE)
Chairman: Nikolaus Forgo – Leibniz University of Hanover (RESPECT)
According to the theory of contextual integrity threats to privacy, often triggered by deployment of computing and information systems, are due to inappropriate flows of personal information, not merely to exposure of personal information, or losses of control over it. Appropriateness of flow is characterized by conformance with context-specific informational norms, which carry moral weight when they protect the well-being of individual, data subjects and promote moral and political values. Beyond both of these, ideal informational norms promote contextual ends and values, and therethrough the integrity of social life. Surveillance practices, not necessarily problematic, must be evaluated in these terms, namely, in their impact on relevant actors as well as ethical and contextual ends and values.
10:45 – 11:15 | Coffee break
PART 3. PANELS ON TECHNOLOGICAL ASPECTS OF SURVEILLANCE
Organised by RESPECT with contributions from IRISS and SURVEILLE.
11:15 – 12:00 | Panel: Surveillance technologies in society
Principal speaker: Tony Porter – Surveillance Camera Commissioner, UK
Panel members: Michelle Cayford – Technical University Delft (SURVEILLE), William Webster – University of Stirling (IRISS)
Chairperson: Caroline Goemans-Dorny – Interpol (RESPECT)
Balancing society needs by the use of surveillance technologies
12:00 – 13:00 | Lunch break
13:00 – 14:15 | Panel: Use of technologies in society (Social Media and CCTV)
Principal speaker: Daniel Trottier – University of Westminster (RESPECT), Caroline Goemans-Dorny – Interpol (RESPECT)
Panel members: Mathias Vermeulen – Vrije Universiteit Brussel (SURVEILLE), Richard Jones – University of Edinburgh (IRISS)
Chairman: Simon Dobrisek – University of Ljubljana (RESPECT)
Security and surveillance practices are informed by a range of technologies, many of which are currently trialled and used by law enforcement, security and intelligence agencies on a global scale. These technologies, including closed-circuit television networks (CCTV) and social network monitoring and analysis systems (SNMAS) are developed in both private and public sectors. This panel will highlight key findings from the RESPECT project that consider the uptake and integration of these technologies, in particular relating to cost versus convenience, proportionality issues and privacy and data protection impact assessment.
PART 4. PANELS ON THE LEGAL ASPECTS OF SURVEILLANCE
Organised by SURVEILLE with contributions from RESPECT and IRISS.
14:15 – 15:15 | Panel: Reconciling human rights protection and security: the roles of European norms and discretion of competent national authorities in using surveillance technologies
Principal speaker: Hielke Hijmans – Vrije Universiteit Brussel
Panel members: Ivan Szekely – EKINT Budapest (IRISS), Jeanne Mifsud Bonnici – University of Groningen (RESPECT), Christiane Höhn – Adviser to the EU Counter Terrorism Coordinator
Chairperson: Francesca Galli – University of Maastricht / IEE-ULB (SURVEILLE)
In the European Union, human rights are protected at both the national and European level. While use of surveillance technologies for security purposes engages both, European norms and national legal frameworks may conflict. Such contrasts remain topical and are of interest in the development of surveillance technologies. Indeed, European institutions have an increasing focus on the potential harmonisation of the use of surveillance technologies, thus it is important to achieve clarity as to the application of protective mechanisms vis-à-vis fundamental rights. In this context, we consider whether Member States do retain a margin of appreciation. Furthermore, to what extent should the European Union further legislate on this matter?
15:15 – 15:30 | Coffee break
15:30 – 16:45 | Panel: Data retention and fundamental rights: the CJEU Judgment of 8 April 2014
Principal speaker: Paul Nemitz – Director Fundamental & Union Citizenship, EC
Panel members: Paul de Hert – Vrije Universiteit Brussel (IRISS), Erich Schweighofer – University of Vienna (RESPECT), Walter Coenraets – Director Federal Cybercrime Unit, Belgian Federal Police (*tbc), Tuomas Ojanen – University of Helsinki (SURVEILLE)
Chairman: Martin Scheinin – European University Institute (SURVEILLE)
The Data Retention Directive aimed to harmonise Member States’ provisions concerning the retention of certain data generated or processed by providers of publicly available electronic communications services or of public communications networks. In April the Court, declaring the directive invalid, took the view that by requiring the retention of data and by allowing the competent national authorities to access it, the directive breaches the fundamental rights to the respect for private life and to the protection of personal data. We consider in this panel the implications of the decision, taking into consideration that Member States adopted legislation to ensure compliance with the Directive. Discussion shall further debate how issues raised by the ruling will be resolved by European institutions and Member States.
16:45 – 18:00 | Panel: Targeted use of surveillance technologies to control individuals considered as dangerous
Principal speaker: Michele Panzavolta – University of Leuven
Panel members: Nils Zurawski – University of Hamburg (IRISS), John Guelke – University of Warwick (SURVEILLE), Antonis Samouris – Counter Terrorism Specialist / future Europol Counter Terrorism Specialist, Ilana de Wild – Human Trafficking and Child Exploitation Team, Interpol / National Police of The Netherlands
Chairman: David Wright – Trilateral Research & Consulting (IRISS)
Surveillance technologies have long been developed to prevent and investigate offences. Dealing with terrorism and organised crime, states have extended this use for security purposes more generally. Absent suspicion as a pretext for conducting surveillance of a particular individual or group, monitoring may involve a plethora of different technologies. With respect to criminal justice procedure, distinct issues arise that shall be addressed in this panel. For example, competent national authorities are using information gathered more generally against suspects, and potentially infringing their rights (gathering information may interfere with the right to data protection): practices may challenge the presumption of innocence, which has is said to have been increasingly replaced by a presumption of guilt. Further, administrative measures in the spheres of immigration and post-detention monitoring are increasingly implemented using surveillance capabilities due to the believed risk an individual represents. What is the legal basis for such activities? Are such measures as implemented in compliance with human rights standards?
18:00 – 18:30 | Drinks
18:30 – 20:30 | Conference Dinner at the Venue
DEMOSEC Day 2. Thu, 30 October 2014
08:30 – 09:00 | Registration
PART 4. PANELS ON THE LEGAL ASPECTS OF SURVEILLANCE
9:00 – 10:30 | Panel: The role of Law Enforcement Agencies in Surveillance
Principal speaker: Christian Karam – Digital Crime Officer, Interpol
Panel members: Francesca Galli – University of Maastricht / IEE-ULB (SURVEILLE), Gemma Galdon Clavell – University of Barcelona (IRISS / RESPECT), Ilana de Wild – Human Trafficking and Child Exploitation Team, Interpol / National Police of The Netherlands
Chairman: Edward Beaman – University of Central Lancashire (RESPECT)
Crime trends have rapidly evolved during the last twenty years mainly due to the fact that criminal innovation pools its resources directly from the society and is able to flexibly adapt to technological changes with little legal restriction implemented. Moreover new technologies enable and facilitate the perpetration of criminal acts and as a consequence law enforcement agencies need to step up the level of appropriate tools to combat those crimes with a view to protect the security of citizens. This panel will discuss challenges that law enforcement agencies are currently facing.
10:30 – 10:45 | Coffee break
PART 5. PANELS ON THE SOCIAL IMPLICATIONS OF SURVEILLANCE
Organised by IRISS with contributions from RESPECT and SURVEILLE.
10:45 – 12:00 | Panel: Surveillance, Resilience and Democracy
Principal speaker: Kirstie Ball – Open University (IRISS)
Panel members: Simon Chesterman – National University of Singapore (National University of Singapore), Roger Clarke – Advisory Board (IRISS), Christian Hawellek – Leibniz University of Hanover (RESPECT)
Chairman: Roger Clarke – Advisory Board (IRISS)
This talk examines the troublesome relationship between surveillance and democracy in Europe. Through a detailed empirical examination of three surveillance practices across Europe – ANPR, Credit Scoring and Neighbourhood Watch – it highlights, explores and theorises this relationship. The talk’s basic theoretical premise is that while surveillance practices can be deployed to counter threats and risks and to prevent harm occurring, they also create potentially harmful consequences. The reliance of surveillance practices on proprietary information infrastructures can make surveillance processes intransparent and unaccountable to democratic scrutiny in cases where harms occur. It is argued that the traditional venues of democracy, where citizens and institutions engage, participate in debate and create governance structures, cannot be mobilised without widespread awareness of the harms and consequences of surveillance practices by both citizens and institutions. This awareness is lacking in most cases. The talk also reveals the deep historical, social, political and legal antecedents of the current state of affairs.
12:00 – 13:00 | Lunch break
12:45 – 14:00 | Panel: The Intersection of Surveillance with Citizen’s Rights
Principal speakers: Clive Norris – University of Sheffield (IRISS), Xavier L’Hoiry – University of Sheffield (IRISS)
Panel members: Antonella Galetta – Vrije Universiteit Brussel (IRISS), Claudia Colonnello – Laboratory of Citizenship Sciences (RESPECT), John Mueller – Ohio State University
Chairman: Ivan Szekely – EKINT Budapest (IRISS)
In the context of surveillance and democracy, the principles of consent, subject access and accountability are at the heart of the relationship between the citizen and the information gatherers. The individual data subject has the right to at least know what data is being collected about them and by whom, how it is being processed and to whom it is disclosed. Furthermore, they have rights to inspect the data, to ensure that it is accurate and to complain if they so wish to an independent supervisory authority who can investigate on their behalf.
This panel will present the results of our multi-partner project on surveillance and democracy as part of the IRISS project. In particular, we have focused upon the ability of citizens to exercise their democratic right of access to their personal data. Together with ten partner institutions, we conceptualised a research approach involving auto-ethnographic methods which sought to ‘test’ how easy or difficult it is for citizens to access their personal data by submitting subject access requests to a range of local, national and supranational institutions across both public and private sectors. We will present the overall findings of the ten country study and consider the strategies used by those who hold our personal data to facilitate or deny us access to what they know about us and how they process it.
14:00 – 15:30 | Panel: Citizens attitudes towards surveillance
Principal speaker: Chiara Fonio – Catholic University of Milan (IRISS)
Panel members: Noellie Brockdorff – University of Malta (RESPECT), Sandra Appleby-Arnold – University of Malta (RESPECT), Elisa Orru – University of Freiburg (SURVEILLE)
Chairman: Reinhard Kreissl – Institute for the Sociology of Law and Criminology (IRISS)
The IRISS project Working Package 4 (WP4) has been devoted to collecting citizens’ views on surveillance through both interviews and informed debates on the topic. This presentation focuses on the everyday experience of European citizens in five countries: Austria, Germany, Italy, Slovakia and United Kingdom. Emphasis is given on how they perceive their status of being techno-social hybrids and how technology affects their daily lives when they e.g. shop, share information on social networks, are “watched” in the workplace or actively engage in security. The core of the analysis is the variety of situations that citizens deal, comply, negotiate with and/or resist, pertaining to the pervasiveness of technology and control.
15:30 – 15:45 | Coffee break
PART 6. POLICY BRIEF
15:45 – 17:00 | Joint Policy Brief
Principal speakers: Reinhard Kreissl – Institute for the Sociology of Law and Criminology (IRISS), Joe Cannataci – University of Groningen (RESPECT), Martin Scheinin – European University Institute (SURVEILLE)
Panel members: David Wright – Trilateral Research & Consulting (IRISS), Maria Angela Biasiotti – National Research Council / ITTIG (RESPECT), Simon Chesterman – National University of Singapore (SURVEILLE)
Chairman: Bogdan Manolea – ApTI / RESPECT EAG
17:00 – 17:15 | Closing Remarks