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The ideal situation would be to strike a balance between public security and privacy. Once human rights are here to stay, then the next question to be addressed is whether public security and privacy can co-exist together. Amongst these are the following: Can public security and privacy co-exist? Indeed, one gets the impression Facilitating the interaction between public security and privacyĪ number of factors can be identified which render the interaction between public security and privacy easier. Having defined the two key terms used in this paper – public security and privacy – and considered the applicable case law of the ECtHR, the next question which this paper asks is how do public security and privacy inter-relate to each other? The fine line of demarcation between public security and individual privacy has come under increased scrutiny following the September 11 tragedy, especially with some states which have adopted a security overkill approach. It is possible in such a situation for an individual to be treated in a manner contrary to Interaction between ‘public security’ interests and the human right of ‘privacy’

The Court reasoned that ‘where a State institutes secret surveillance the existence of which remains unknown to the persons being controlled, with the effect that the surveillance remains unchallengeable, Article 8 could to a large extent be reduced to a nullity. The ECtHR concluded that the secret surveillance of telephone calls amounted to an interference with the right to respect for private life. Hence, before proceeding with the analysis, it is imperative that these terms are defined. The key terms used in this paper are ‘public security’ – and related to this are national security, public security and (national) economic well-being – and ‘privacy’. The paper concludes by suggesting the adoption of minimum core principles which should invariably be applied to public security technology to safeguard and protect one's right to respect for privacy. An attempt at balancing both aspects is subsequently made by applying the doctrine of the rule of law to technology and identifying pertinent principles and procedures to achieve such a balance. It then passes on to ask whether public security interests and privacy can co-exist together, what are the public security technological threats to privacy and how can these threats be overcome through the development of human rights compliant technology, that is, through technological privacy enhancing mechanisms. This paper first sets out to define the relevant key terminology, queries how and to what extent public security interests can be balanced with the human right of privacy in so far as use of technology is concerned, and how public security interests and the human right to privacy interact together including a discussion of the factors which make such interaction possible. This misuse can unfortunately give rise to violation of human rights, amongst which the right for respect of one's privacy. But technology can be misused both by state agencies and, worse still, by criminals world wide. It enables these agencies to perform effectively and efficiently. In today's day and age, technology constitutes an effective weapon in the hands of law enforcement agencies 1 to fight organised crime and combat terrorism.

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