A/HRC/41/35/Add.4
an intuition to search for new information, as manifested in the desire for “security” in the
military context. This has grown to military-style counterterrorism strategies, the use of
imitation profile accounts on platforms like Tinder and Facebook, facial recognition, mass
surveillance, large scale targeted surveillance, and financial surveillance. It was agreed that
each of these situations present unique challenges and threats to human rights.
10.
Participants also noted that financial surveillance is a large-scale issue in multiple
ways. One participant noted that certain entities and programs, like Google Pay, are closely
related to the government. This raises concerns because surveillance in the banking industry
allows for easier access to financial records of individuals and companies. This discussion
also raised the issue of states providing non-governmental organisations (NGOs) or NGO
members foreign funds in exchange for biometric data.
11.
Participants noted that there are various actors, including those with political
objectives, police officials, and those with public safety concerns, that have an interest in the
information collected. Some participants suggested that private surveillance companies often
function at the request of the government. They noted that the relationship between private
surveillance providers and governments function as a revolving-door. This relationship raised
several issues of concern: (i) What is the nature of the power dynamic between the
companies, governments, and individuals; (ii) What is and what should be the relationship
between transparency and privacy; and (iii) How do we define government entity?
12.
The participants also agreed that national security or safety is often used as a
justification for using private surveillance technology. One participant noted that the national
security argument sometimes stretches into a good governance argument. Participants
emphasized the concern with national security being loosely defined, particularly that the
government is provided a lot of flexibility in justifying national security.
13.
One concern raised was the difficulty of detecting the surveillance, yet people often
“feel surveilled” creating a chilling effect on freedom of expression among civil society.
Anonymity and encryption are often encouraged by human rights activists and civil society
organizations. One participant noted that while these mechanisms are meant to protect
individuals, it places the burden on the individual and not on the governments or private
surveillance companies. One suggestion would be to determine what a more proactive
approach looks like, including ideal legislation.
14.
Participants also expressed concern that individuals defended by civil society
organizations, like victims of targeted surveillance attacks, are not always aware of their
rights or understand the harm. It can be difficult to advocate on behalf of civil society when
the underlying issues are not always clear. There was one suggestion on increasing public
education efforts.
15.
Participants agreed that the legal framework regulating this technology is weak. One
participant noted that at time the European Union haphazardly mimics the United States and
this ultimately weakens surveillance efforts. Overall, countries are not following in their own
laws. The suggestion was to make an effort to incentives governments to commit to the little
framework they have. Additionally, larger companies like Microsoft have broadly used
national laws in using technology like geotagging. Again, proactive legislation was suggested
as a solution.
16.
Participants also raised concerns with the hyper-masculinity surrounding the private
surveillance industry. One participant suggested that larger colonial dimensions could be at
play.
B.
Session 2: the use of private surveillance tools
17.
After having explored the multifaceted threats that the use of surveillance
technologies poses in different parts of the world, the aim of this second session was to more
specifically discuss the type of surveillance tools, identify if there are any trends in their use
worldwide and better understand how companies develop and market them.
4
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