The Value of Privacy and Surveillance Drones in the Public Domain: Scrutinizing the Dutch Flexible Deployment of Mobile Cameras Act

Abstract

The flexible deployment of drones in the public domain, is in this article assessed from a legal philosophical perspective. On the basis of theories of Dworkin and Moore the distinction between individual rights and collective security policy goals is discussed. Mobile cameras in the public domain reflect how innovative technological tools challenge public authorities in new ways to balance between privacy and security. Furthermore, the different dimensions of privacy and the distinction between the three types of the value of privacy are reviewed. On the basis of the case study of the Dutch Drones Act, the article concludes that the flexible deployment of mobile cameras in the public domain is not legitimate from a normative perspective. The legal safeguards in the Netherlands are insufficient to protect the value of privacy. Therefore, further restrictions such as prior judicial review should be considered.