| Abstract: | This article considers the impact of digital technologies on privacy and, specifically, the issues arising from metadata. It takes the 2016 Investigatory Powers Act as an exemplar and argues, by reference to European case law, that while data arising from new technologies undoubtedly fall within the scope of privacy protections, there are questions as to the level of protection awarded. Questions arise from how the nature and intensity of intrusion is understood against a backdrop of ‘dataveillance’, as well as the underlying issue of whether ex post controls—through oversight mechanisms—are sufficient to safeguard privacy. |
