Dr. Saskia Hufnagel, Research Fellow, ARC Centre of Excellence in Policing and Security Griffith University
Observing crowd-‐sourced surveillance through the eyes of the German Basic Law
Article 2 and 1 of the German Basic Law (the German Constitution) guarantee the right to privacy for all persons within the German jurisdiction. Personal data is further protected by Article 8 of the Basic Law. In the past 80 years, the right to privacy in the German context has undergone several major shifts. In this time-‐span Germany evolved from an unjust surveillance regime to one of the most privacy protecting systems of the world. While the former East Germany had to experience major state intrusions into privacy until German unification, the development in the West experienced periods of regression, particularly triggered by terrorism events during the 1970s and 1980s, and some would claim even quite recently with the 2011 changes to telecommunications interception laws. Notwithstanding these legal exceptions, the high level of privacy protection in Germany is very apparent in the EU context as many EU security initiatives have been significantly slowed down by German privacy concerns. However, even in the German system evidence based on crowd-‐sourced surveillance could under certain circumstances be admissible. As there is no clear case-‐law on this issue yet, this presentation examines the possibilities to use crowd-sourced surveillance afforded by German legislation and analyses related cases on the admissibility of evidence sourced from, for example, private home surveillance cameras, traffic cameras, and private mobile phones.
Saskia Hufnagel is a Research Fellow within the 'Vulnerable Infrastructures' Project at CEPS.
Her PhD studies were completed at ANU on the topic ‘Comparison of EU and Australian cross-‐border law enforcement strategies’. She was previously employed as Assistant Professor at the University of Canberra and taught various courses in the field of comparative, criminal and EU law at the ANU College of Law and the ANU Centre for European Studies. Within the 'Vulnerable Infrastructures' Project her work focuses on comparing legal frameworks in Australia and the EU, particularly in the field of mass gatherings, maritime and aviation security.
She conducts further research in the field of EU and Australian police cooperation and the policing of art crime. Her publications include ‘Cross-‐border police co-‐operation: Traversing domestic and international frontiers’ (2011) and she co-‐edited 'Cross-‐border Law Enforcement -‐ Regional Law Enforcement Cooperation -‐ European, Australian and Asia-‐Pacific Perspectives' (2011) Routledge. Saskia is a qualified German legal professional and accredited specialist in criminal law.