Considerations on the principle of proportionality in Fundamental Rights

Special mention of mass video-surveillance

Abstract

OBJECTIVE: This research study aims to analyze the principle of proportionality in fundamental rights with emphasis on mass video surveillance, which must be taken into account to avoid a possible violation of fundamental rights, as we argue that there are no unlimited or absolute rights.

METHOD: The methodology used in this work focuses on the deductive method, starting from a series of premises from the general to the particular, combined with a jurisprudential and doctrinal research.

RELEVANCE / ORIGINALITY: It is common knowledge that there are no absolute rights and, therefore, certain limits must be applied. In this sense, a study has been made on the principle of proportionality in fundamental rights in order to weigh the conflicts that may arise between the right to freedom of information and the right to personal privacy.

RESULTS: It is concluded that: (1) Concern about the loss of rights in relation to privacy or intimacy has increased; (2) Video surveillance devices are increasingly used by companies, government, individuals etc., to monitor individuals; (3) On many occasions, the use of these devices is justified to ensure citizen security or prevent infringements, but this is not always the case; (4) This issue puts people's privacy at risk since, if certain limits or guarantees are not complied with, fundamental rights may be violated, such as, for example, personal or family privacy, freedom of expression, individual freedom itself, secrecy of communications, among others.

THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: Within this context, the proposed study will focus on the analysis of the limits of video surveillance and whether this recording mechanism violates fundamental rights.