allowing the use of surveillance to prevent crime and any other security threat.
43
According to EU Council Decision on surveillance of sea external borders: “the
purpose of border surveillance is to prevent unauthorized border crossing, to counter
cross-border criminality and to apprehend or take other measures against persons
who have crossed the border illegally”.
44
In fact, once an attack is underway and pirates are firing weaponry at the vessel, it
is difficult and dangerous to observe whether the pirates have managed to gain
access. The use of CCTV coverage allows a degree of monitoring of the progress of
the attack from a less exposed position. In this case the aim of the use of CCTV is
detecting pirates who are believed to pose a threat to the ship and to the seafarers on
it.
45 Equally important, the use of CCTV might be legally justified by necessity.
Article 8 of the European Union Convention on Human Rights,
46 for example, states
thatthere shall be no interference by a public authority with the exercise of this right [to privacy]
except such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of
the rights and freedoms of others.
However, an European Parliament study on CCTV highlights concerns, going on
to make a series of recommendations:
The introduction of CCTV, creates a profound asymmetry of power between the watcher and
the watched: Not only are citizens watched by an unknown and unseen eye whose gaze they
can neither challenge nor avoid, but data about them is increasingly extracted and automatically processed, in ways they have not given their consent to or even have any knowledge.
And the camera’s gas does not fall equally on all citizens, often those deemed “suspect “
merely on the basis of appearance, rather than objective behavior, are subject to exclusion
particularly from the semi-public space of the shopping mall and transportation
facilities. . .citizens should be made aware that their presence in an area is subject to video
surveillance. For then, in the knowledge they are being monitored by cameras, they can
consciously decide how to conduct themselves. . .
43 Kevin Macnish: Surveillance ethics, The Internet Encyclopaedia of Philosophy (IEP), See: http://
www.iep.utm.edu/surv-eth/.
44 EU Council Decision on surveillance of sea external borders. Preamble, recital (1).
45 BMP3 (Best Management Practice 3: Piracy off the Coast of Somalia and Arabian Sea Area,
Version 3, June 2010, p. 22.
46 Article 8—Right to respect for private and family life.
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.
406
K. Lagdami and A. Fakhry
43
According to EU Council Decision on surveillance of sea external borders: “the
purpose of border surveillance is to prevent unauthorized border crossing, to counter
cross-border criminality and to apprehend or take other measures against persons
who have crossed the border illegally”.
44
In fact, once an attack is underway and pirates are firing weaponry at the vessel, it
is difficult and dangerous to observe whether the pirates have managed to gain
access. The use of CCTV coverage allows a degree of monitoring of the progress of
the attack from a less exposed position. In this case the aim of the use of CCTV is
detecting pirates who are believed to pose a threat to the ship and to the seafarers on
it.
45 Equally important, the use of CCTV might be legally justified by necessity.
Article 8 of the European Union Convention on Human Rights,
46 for example, states
thatthere shall be no interference by a public authority with the exercise of this right [to privacy]
except such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of
the rights and freedoms of others.
However, an European Parliament study on CCTV highlights concerns, going on
to make a series of recommendations:
The introduction of CCTV, creates a profound asymmetry of power between the watcher and
the watched: Not only are citizens watched by an unknown and unseen eye whose gaze they
can neither challenge nor avoid, but data about them is increasingly extracted and automatically processed, in ways they have not given their consent to or even have any knowledge.
And the camera’s gas does not fall equally on all citizens, often those deemed “suspect “
merely on the basis of appearance, rather than objective behavior, are subject to exclusion
particularly from the semi-public space of the shopping mall and transportation
facilities. . .citizens should be made aware that their presence in an area is subject to video
surveillance. For then, in the knowledge they are being monitored by cameras, they can
consciously decide how to conduct themselves. . .
43 Kevin Macnish: Surveillance ethics, The Internet Encyclopaedia of Philosophy (IEP), See: http://
www.iep.utm.edu/surv-eth/.
44 EU Council Decision on surveillance of sea external borders. Preamble, recital (1).
45 BMP3 (Best Management Practice 3: Piracy off the Coast of Somalia and Arabian Sea Area,
Version 3, June 2010, p. 22.
46 Article 8—Right to respect for private and family life.
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.
406
K. Lagdami and A. Fakhry