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Analysis Of Ethics In Surveillance Essay

Technology Use Definition and How Technology Has Aided Development of Surveillance

Positives and Negatives

Underlying Ethical Dilemma

Legal Recourse Available in Australia

Suggested Solutions

Definition and How Technology Has Aided Development of Surveillance

We are presently living in the information age, which can be deemed as an epoch, where numerous aspects in the society are information based. This is owing to the fact that in recent years, there has been extensive advancement in technology. One of the areas that has advanced and developed as a result of technology is surveillance. The aspect of surveillance takes into account the monitoring and observing behavior, and the different states of movement, particularly involving people. This is with the main intent of impelling, supervising, directing, or safeguarding (Mack, 2014). Despite the fact that it is more often than not employed in the prevention of criminal and terrorist activities, surveillance is also employed in important aspects, such as epidemiological monitoring and oversight by the Centers for Disease Control and Prevention (CDC). In addition, different sites such as parking lots, office buildings and also warehouses make use of surveillance technology in order to ensure that the property is protected. However, irrespective of the positive and constructive benefits surveillance technology has, it does bring in the issue of privacy. The advancements in technology largely threaten privacy, and have as a result, have constantly limited the level of control over personal information and personal space (Bullock, 2009).

The advancement in technology has immensely facilitated the development of surveillance. For instance, the creation of software that enables facial recognition from the recordings made from surveillance. In addition, progression in technology has brought about cameras that are inventive and groundbreaking, which have simplified any surveillance being undertaken. This increases the level of speed and accuracy of recording information (Savel and Foldy, 2012).

The Positives and Negatives

There are numerous positives and negatives associated with surveillance. Being a surveillance society, the majority of the benefits of using this technology are largely associated with crime. Having surveillance cameras makes it easier to capture criminals on videos. The facial recognition softwares are advantageous as they are beneficial to law enforcement. Footage obtained from surveillance can be mined by software to obtain relevant information, such as the specific faces of individuals, in addition to generating a database (Kelly, 2013). However, the drawbacks to this surveillance technology are that it can abuse and infringe the privacy rights and liberties of people (Bilton, 2013). For instance, having cameras in different cities and having all of them linking to a similar database ensures that the movements of an individual can be tracked and trained across various states and nations. A good example of this is that surveillances can be used to track people, while attending several political protests (Kelly, 2013).

Analysis to Support the Underlying Ethical Dilemma

There is an underlying dilemma that comes about with respect to surveillance data and information. The matching and integrating of surveillance footage data files into a centralized database has immense ethical implications. On one hand, this amassed information can be largely beneficial in detecting and uncovering criminals and any unlawful activity. In addition, it can also be beneficial in ascertaining service requirements for those who are needy (Bharucha et al., 2006). On the other hand, this centralized database provides controlling political familiarity and knowledge for the small number of people of entities who have access to it and authority over it. This aspect is disposed for the invasion of privacy and also other kinds of abuses. This brings an ethical dilemma because not only is it beneficial, but also infringes on the rights and liberties of people (Donahue et al., n.d.).

The main stakeholders involved are: the government that installs the surveillance, and the people who are recorded on the surveillance tapes. It is the duty and obligation of the government to ensure that the privacy rights and liberties of the people are not infringed upon them. More so, the government is also obligated to ensure that such surveillance are effectively employed and utilized to ensure that the nation and the citizens are secure. Some of the ethical questions that indicate the dilemma include:

Is surveillance for the greater good of security ethical to outweigh privacy of people?

Is the privacy of the public more important than the security of the nation?

Legal Recourse Available in Australia

The government of Australia...

The legal recourse that is available in Australia for any individual who has adversely suffered as a result of surveillance is the Privacy Act, which was enacted in 1988. In particular, this Act encompasses the majority of the agencies of the Australian Government and several organizations in the private sector. However, there is no specific law that deals with the aspect of individuals who act in their own personal capacity. A good example is a neighbor monitoring an individual by taking photos of them (Office of the Australian Information Commissioner, n.d). Nevertheless, the Privacy Act does in fact control the activities of persons, agencies and corporations, which reveal personal information, regarding another individual to anybody else for a profit, provision or gain (Office of the Australian Information Commissioner, n.d). The government of Australia is obligated to make sure that surveillance activities do not harm, adversely influence or infringe the rights and liberties of individuals. The government is legally responsible because it is the one that institutes the law and legal acts, which are followed by the public in general. Since there is no specific solution in dealing with this issue, one aspect that can be worked on, is amendment of the prevailing law or even instituting a new law.
Suggested Solutions

There are possible solutions that may be undertaken in order to offer legal recourse with respect to this issue. One of the solutions that can be undertaken is enacting a new law that is specifically responsible for Surveillance privacy infringements. This particular law can be purposed to encompass all aspects of surveillance privacy issues from surveillance videos to individual photography. The other solution that can offer legal recourse would be to amend the Privacy law to include this precise issue. This amendment would be purposed to offer legal solutions in individual aspects, such as one taking photos of people without any sort of permission.

I think these solutions will work because they will fill the gap that is there in the legal reprieve that is available for all and sundry. It will work because currently, the law does not cover any aspects of individuals infringing privacy rights using surveillance.

Case Study

Stephen Hawking and his family have been staying at Rosewood Avenue in Melbourne for seven years now. Hawking has two daughters, Kimmy and Riley, of the ages 13 and 15, respectively. Six months ago, the Hawkings had a new neighbor move in to the house adjacent to their home. Everything has been smooth and easy until in the recent period when there have been issues, which have made them uneasy. Rebecca, Stephen's wife, came to the realization that for the past one month, the new neighbor had placed cameras pointing towards their home. More so, the cameras constantly moved every morning when she was taking out the girls to catch the school bus. Last week, the man came out and took photos of the girls while playing out on the front yard. This aspect has constantly worried Rebecca.

Since then, Rebecca has sought after legal advice from her sister who is a lawyer. The answers that she received only made her more worried. The lawyer pointed out that there is nothing intrinsically unlawful and illegal, regarding one's neighbor making the decision to set up digital cameras, recording devices and also CCTV. This is because it is assumed that such technological devices are purposed to dissuade crime and record any suspicious and anti-social behavior in the locality. Rebecca and Stephen are constantly worried that the neighbor might be taking photos of their young girls.

The solutions pointed above would offer legal recourse to Stephen and Rebecca. This is because the proposed amendments would ensure that individuals do not have the right to photograph or record others, such as their neighbors, devoid of legal consent. Hawking and his family would be able to sue and file a legal case against their new neighbor for taking such photos and recording them while moving around in the morning. These legal amendments are important and could come in handy. This is because such individuals might be pedophiles, rapists or even criminals scoping areas to target next. This would ensure their privacy and also safety.

Conclusion

The advancement in technology has had an immense impact towards the society in different ways and means. One of these ways is in the form of surveillance. With the development of advanced software, it is now possible to make facial recognition from recordings and footage obtained from surveillance. This can be traced down to the database by law enforcement to apprehend criminals and perpetrators. However, in as much as this seems beneficial, the advancement in surveillance does infringe…

Sources used in this document:
References

Bharucha, A. J., London, A. J., Barnard, D., Wactlar, H., Dew, M. A., & Reynolds, C. F. (2006). Ethical considerations in the conduct of electronic surveillance research. The Journal of Law, Medicine & Ethics, 34(3), 611-619.

Bilton, N. (2013). The Pros and Cons of a Surveillance Society. The New York Tines. Retrieved 22 October 2015 from: http://bits.blogs.nytimes.com/2013/07/16/the-pros-and-cons-of-a-surveillance-society/?_r=0

Bullock, M. L. (2009). The evolution of surveillance technology beyond the panopticon (Doctoral dissertation, The University of California Santa Cruz).

Donahue, J., Whittemore, N., & Heerman, A (n.d.). Ethical Issues of Data Surveillance. Ethica Publishing http://www.ethicapublishing.com/ethical/3CH20.pdf.
Kelly, H. (2013). After Boston: The pros and cons of surveillance cameras. Retrieved 22 October 2015 from:http://edition.cnn.com/2013/04/26/tech/innovation/security-cameras-boston-bombings/
Lord, G. (2014). Privacy fears as Australian surveillance laws are dragged into the digital era. The Guardian. Retrieved 22 October 2015 from:http://www.theguardian.com/world/2014/jul/26/privacy-fears-australian-surveillance-laws-digital-era
Mack, T. C. (2014). Privacy and the Surveillance Explosion. World Future Society. Retrieved 22 October 2015 from:http://www.wfs.org/futurist/january-february-2014-vol-48-no-1/privacy-and-surveillance-explosion
Office of the Australian Information Commissioner. (n.d). Law enforcement, surveillance & photos. Retrieved 22 October 2015 from: http://www.oaic.gov.au/individuals/faqs-for-individuals/law-enforcement-surveillance-photos/
Office of the Australian Information Commissioner. (n.d).Surveillance laws and laws affecting photography. Retrieved 22 October 2015 from:http://www.alrc.gov.au/publications/3-overview-current-law/surveillance-laws-and-laws-affecting-photography
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