Changing lenses on lenses –Function creep with public camera surveillance in the Netherlands?

The paper explores the notion of function creep – a gradual transformation of a data processing system’s original purpose or activities – in the context of public camera surveillance in the Netherlands. Public camera surveillance here refers to digital cameras (e.g., CCTV), possibly with artificial intelligence (AI) extension(s) (e.g., for automatic violence detection), controlled by Dutch law enforcement agencies for public safety purposes. The paper is structured around three pillars: technology, law and practice. The technology pillar highlights relevant technical characteristics of camera surveillance that afford function creep, after which the law pillar maps out legal frameworks related to (preventing) function creep (notably, the principle of purpose limitation). The final pillar, practice, draws on qualitative empirical data collected from Dutch law enforcement organizations. With this three-dimensional approach, the paper illustrates how function creep occurs, the accountability challenges it poses and potential ways of resolving them.