This chapter presents a critical analysis of the decision of the European Court of Human Rights (ECtHR) in SAS v. France. The implications of the case, concerning the French ban on face coverings, for Muslim women’s religious freedom are well known and have been discussed extensively in the literature. However, one important privacy implication that has been overlooked is the legality of covering one’s face in public, regardless of motivation. The chapter explores the case’s implications for privacy in public spaces, in the context of the ECtHR’s jurisprudence on privacy more generally. A comparative analysis with the United States is undertaken, as various US courts have ruled on the compatibility of anti-mask laws with the US Constitution. In the context of increasingly ubiquitous surveillance and blurring of the online/offline and public/private divides in contemporary society, this chapter determines the (perhaps unintended) consequences of SAS v. France for individual privacy and anonymity.
This chapter builds on the author’s work in Socio-Legal Aspects of the 3D Printing Revolution to examine recent developments in 3D printing’s interaction with law and society to determine how disruptive a force 3D printing actually is. Relevant legal developments are: the 3D printing firearms legislation enacted in the Australian state of New South Wales; the intervention of 3D printing companies in the Star Athletica v Varsity Brands copyright litigation in the US; and the US Food and Drug Administration’s guidance on 3D-printed medical devices. Significant market developments are considered, including companies from certain incumbent industries moving into the 3D printing space, while 3D printing firms which have been particularly active in consumer- or prosumer-oriented markets scale back their operations. These developments do not refute Socio-Legal Aspects of the 3D Printing Revolution’s main argument: that 3D printing in practice is not prevalent enough yet to be truly disruptive for law and society, despite its theoretical potential.
Angela Dale and Sameera Ahmed
Angela Dale, Joanne Lindley, Shirley Dex and Anthony Rafferty
Angela Daly, Anna Carlson and Tess Van Geelen
This chapter provides an overview of the relationship between data and fundamental rights at the current point in time, and directions as to where and how this relationship might continue. At the basis of this relationship are the fundamental rights to privacy and free expression; however with the digital society becoming more pervasive, other fundamental rights, including freedom from discrimination and labour rights are now implicated by data. The role of private actors is prominent in discussions on data and fundamental rights given their key role in providing data infrastructure and services, in ways which may infringe users’ fundamental rights. In addition, fundamental rights organisations themselves are turning to the collection and use of data to assist with their functions. All of these topics will be explained and discussed before concluding with an outline of some possible future developments for data and fundamental rights, including the implementation of new technologies such as robotics and their impact on fundamental rights and the extent to which existing rights are still appropriate for the current and futures scenarios, or whether new kinds of fundamental rights or new kinds of implementations such as the digital constitutional project need to be recognised.