Project objectives:

The project provides research on automated recognition of individuals and/or pre-determined traits or risk factors/criteria by smart surveillance systems. New EU regulations and specifically those on information sharing between police and security forces explicitly prohibit automated decision-taking regarding individuals unless “authorised by a law which also lays down measures to safeguard the data subject’s legitimate interests” (art 7, CFD 2008/977/JHA). To determine what these measures can be and whether the laws can be technology-neutral but sector specific, thus permitting a measured approach to the appropriateness of smart surveillance technologies is among the objectives of the project.


The project addresses such and other questions through a comprehensive approach which combines a technical review of key application areas by sector with a review of existing pertinent legislation to then produce sets of operational guidelines and a model law compliant with CFD 2008/977/JHA and EU Directive 95/46/EC. The project focuses on fields of application such as border control, crowd-control, counter-terrorism, e-government and cyberspace. It also evaluates the appropriateness and available safeguards for on-line surveillance and associated risks inherent in data-sharing and exchange.


The SMART consortium consists of 20 partners stemming from 14 EU Member States and Australia, representing as well academic research in the fields of law, technology and sociology, as well as authorities such as the Metropolitan Police Service and INTERPOL, NGOs and the industrial sector developing and distributing the respective surveillance technology.


Institut für Rechtsinformatik (IRI) as legal partner will deal with the legal questions and objectives as outlined above, specifically in context of surveillance applications in cyberspace. IRI Team will consist of Prof. Dr. Nikolaus Forgó, Dr. Tina Krügel, LL.M. and Christian Hawellek. Beyond its research activities, IRI provides as well the deputy project co-ordinator, Dr. Tina Krügel, LL.M.


Intelligent Investigations - Challenges & Chances, 19 / 20 September 2013, Brussels

The programme of the conference can be found here:

Project data

Project duration: July 2011 - June 2014
Project associates: Prof. Dr. Nikolaus Forgó - Deputy Coordinator
RAin Prof. Dr. jur. Tina Krügel, LL.M.
Dipl.-Jur. Christian Hawellek