A/HRC/23/40 (c) Restrictions must be necessary in a democratic society (para. 11); (d) Any discretion exercised when implementing the restrictions must not be unfettered (para. 13); (e) For a restriction to be permissible, it is not enough that it serves one of the enumerated legitimate aims. It must be necessary for reaching the legitimate aim (para. 14); (f) Restrictive measures must conform to the principle of proportionality, they must be appropriate to achieve their protective function, they must be the least intrusive instrument amongst those which might achieve the desired result, and they must be proportionate to the interest to be protected (paras. 14-15). C. Recent considerations by international mechanisms for the protection of human rights 30. In previous reports, the Special Rapporteur has assessed the impact of the Internet on the realization of the right to freedom of opinion and expression (A/HRC/17/27 and A/66/290). He noted that, while Internet users can enjoy relative anonymity on the Internet, States and private actors also have access to new technologies to monitor and collect information about individuals’ communications and activities. Such technologies have the potential to violate the right to privacy, thereby undermining people’s confidence and security on the Internet and impeding the free flow of information and ideas online. The Special Rapporteur urged States to adopt effective privacy and data protection laws in accordance with human rights standards, and to adopt all appropriate measures to ensure that individuals can express themselves anonymously online. 16 31. Other Special Procedures mandate holders considered the issue of interferences with the right to privacy. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism studied developments in surveillance practices and technologies that have adversely affected the right to privacy using the justification of combating terrorism. 17 The Special Rapporteur underscored that these measures have not only led to violations of the right to privacy, but have also had an impact on due process rights and the rights to freedom of movement, freedom of association and freedom of expression. He urged Governments to articulate in detail how their surveillance policies uphold the principles of proportionality and necessity, in accordance with international human rights standards, and what measures have been taken to protect against abuse. The Special Rapporteur also called for the adoption of comprehensive data protection and privacy laws and the establishment of strong independent oversight bodies mandated to review the use of intrusive surveillance techniques and the processing of personal information. He further called for research and development resources to be devoted to privacy-enhancing technologies. 32. Other human rights protection mechanisms have also recently paid attention to the impact of the surveillance of communications on the protection of the rights to privacy and freedom of expression. The Human Rights Committee voiced concerns, for example, at allegations of State monitoring the use of the Internet and blocking access to some websites18 and recommended the review of legislation providing the executive with wide powers of surveillance in respect of electronic communications. 19 The Universal Periodic 16 17 18 19 A/HRC/17/27, p.22. A/HRC/13/37. CCPR/C/IRN/CO/3. CCPR/C/SWE/CO/6. 9