41. Relevant questions in determining the fairness of the trial will include: ���   Who authorised the breach of privacy and how; Whether the evidence could have been collected in another way; and The weight and probative value of the evidence. H. Racial and Religious Profiling 42. One area of developing concern in the context of counter-terrorist strategies is the use of racial and religious profiling, which involves the collection of personal information and therefore involves interference with data protection and privacy rights. The general collection and processing of information solely by reference to criteria such as race or religion, and the use of that information as a starting point for investigations, without any specific or individual reasons to suspect the persons involved, raises serious doubts about whether such activities are compliant with privacy rights and the protection from discrimination. 137