Security v Privacy in the Context of Surveillance Measures – Creating “Glass Citizens”

Abstract

During the last decades states have internationally increased their surveillance measures. Surveillance has become increasingly systematic and integrated in our everyday life. This development was intensified by several terror attacks, specifically the event of 9/11. Surveillance by the state always comes along with the intrusion of privacy rights of individuals. Both privacy and security are essential for a functioning society. To find the right balance between the two interests and to uphold the protection of privacy rights when the threat of terror seems to justify increasingly intrusive measures is difficult but of great importance. This paper looks at two examples of legislations that increased states possibilities for surveillance and how the balance between security and privacy was struck in those legislations. It compares the degree of protection given to privacy rights in a state with a codified constitution, Germany, and in a state with no codified constitution, New Zealand.