Algorithmic Protection of the Core Area of Private Life. On the Deployment of Artificial Intelligence in Computer and Network Surveillance as a Duty of the State

This article considers solutions to problems associated with State surveillance measures and interference into the privacy of the targeted individuals. Given that in-depth investigative measures to obtain digital evidence regularly encounter more than needed for the performance of State obligations, it argues for the deployment of artificial intelligence algorithms to protect fundamental rights during measures’ preformation. On the premise of the State’s duty to restrict intrusion into the individual’s privacy to a necessary minimum, which should take into account the current state of the art of the technology, it is proposed that the technology should already be used to pre-censor intimate or non-relevant data during the evidence’s seizure and to reduce serendipity (chance discoveries) in the criminal investigations.