Privacy, Proportionality and Compelled Access
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A phone holds years of a person's life. A month of location records can show where a person sleeps, prays and works. A password sits only in a person's mind. Each of these raises a rights question before it raises an evidence question.
This unit gives you the tests that courts use, four real cases, and a table of how countries treat an order to unlock a device.
Focus: three questions for every measure: is there a law, is there a proper aim, and is the measure in proportion? Never coerce a password. Ask the court.
Learning objectives
- Apply a three-part privacy test to a request for data or a search of a device.
- Explain why location records and bulk data need a higher standard than a single subscriber record.
- Describe three positions that legal systems take on an order to unlock a device.
- Explain the extra care owed to journalists' sources.
- Say when a private company's act may be treated as an act of the state.
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