Private policing in the data-driven society: The flexible state monopoly on force challenged but not abandoned

The idea of the monopoly of a state for the legitimate use of coercive powers is widespread in the writings of legal scholars. However, a theoretical and historical perspective on the relationship between the state and non-state actors in policing shows that it is not as firmly established as many may think. While the state remains a crucial player in the enforcement of law, some of its powers have been relinquished in the data-driven society due to the engagement of the private parties. Private policing offers the state a possibility to extend its surveillance capacities, but also poses fundamental questions regarding the shape of the future criminal justice system and further challenges the idea of state’s monopoly of power. How big should the Leviathan be when it comes to data? This chapter offers a reflection on this vital question and on the role of lawyers in the debate on how to legitimate ongoing processes of transition to a broader security landscape where the use of force is (re)distributed amongst several actors.