Biometric Surveillance and the Law of Occupation: Privacy in the Age of Military Panopticons

Sammanfattning

The last two decades have seen considerable advancements in biometric technology, and consequently its use as a surveillance measure during occupation. The increasingly invasive and omniscient nature of biometric surveillance technologies means they constitute a considerable infringement on the private sphere of occupied populations, and consequently an interference with their right to privacy. This thesis examines the rules of international humanitarian law, international human rights law and data protection law to ascertain what protections exist for the biometric privacy of those living under occupation. A particular focus is placed on the phenomenon of prolonged occupation and its far-reaching implications for the privacy of occupied persons. While much of legal scholarship has been dedicated to evaluating the impact of various biometric technologies on armed conflict, the focus of existing research is overwhelmingly on technologies used for targeting. Despite its undeniable legal relevance in the present day, the international law of occupation continues to be a neglected and underdeveloped area of international humanitarian law. Also neglected in the context of armed conflict is the question of privacy, an important human right made increasingly relevant as surveillance technologies using biometric data continue to advance in scope and capabilities. Endeavouring to fill this gap in legal scholarship, this thesis examines international treaties, jurisprudence, legal commentary and literature on occupation, the right to privacy and data protection, bringing them together in search of a cohesive legal framework. To guide the research, this thesis evaluates what provisions and principles govern biometric surveillance in three core areas where the Occupier and the occupied interact: public spaces in the occupied territory, military checkpoints and places of internment and detention. The provisions and principles are then tested by conducting a case study of two existing prolonged occupations. The research finds that while persistent legal gaps remain, there is an emerging trend of convergence of international humanitarian law, international human rights law and data protection law on the right to biometric privacy.