The Reasonableness of Remaining Unobserved: A Comparative Analysis of Visual Surveillance and Voyeurism in Criminal Law

• DOI: 10.1111/lsi.12348
• Publication Date: 2018-01-18T02:22:38Z
• Authors: Bert-Jaap Koops; Bryce Clayton Newell; Andrew Roberts; Ivan Škorvánek; Maša Galič
• Keywords: Criminalization; Voyeurism; Probable cause; Punitive damages

The criminalization of offensive, privacy-intrusive behavior is an important form privacy protection. However, few studies exist visual observation in criminal law. We address this gap by researching when nonconsensual deemed harmful enough to trigger sanctions, and on what basis the law construes “reasonableness remaining unobserved,” through a nine-country comparative study. distinguish between voyeurism-centric approaches (focusing largely nudity sex) broader, intrusion-centric (such as inside closed spaces). Both explicitly or implicitly reflect “reasonable” expectations, listing criteria for situations which people can reasonably expect remain unobserved unrecorded. present framework criminalizing observation, encompassing factors technology use, place, subject matter, surreptitiousness, supplemented intent, identifiability, counter-indicators prevent over-criminalization. This relevant protecting aspects view individuals' underlying autonomy interests.