Balance or Tradeoff? Online Security Technologies and Fundamental Rights

M Hildebrandt

Research output: Contribution to journalArticleAcademicpeer-review

28 Citations (Scopus)

Abstract

In this contribution I argue that the image of the 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, non-discrimination, 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
Original languageEnglish
Pages (from-to)357-379
Number of pages23
JournalPhilosophy and Technology
Volume2013
Issue number26
Publication statusPublished - 21 May 2013

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