A/HRC/13/37 the necessity and lawfulness of surveillance. In many States, parliaments and independent bodies have been charged with conducting reviews of surveillance policies and procedures, and on occasion have been offered the opportunity for pre-legislative review. This has been aided by the use of sunset and review clauses in legislation. 5. The principle of effective modernization 57. Even as more invasive information is available with greater ease, States have not developed commensurate protection. In fact, in the name of modernizing their surveillance powers, States sometimes have intentionally sought to apply older and weaker safeguard regimes to ever more sensitive information.83 Conscious of the need to consider how technology and policy change may have a negative impact on individuals, some States have introduced privacy impact assessments that articulate privacy considerations in the design of new surveillance techniques, including how policymakers considered many of the principles listed above, including data minimization and rights to redress. The Special Rapporteur believes that the use of such tools as privacy impact assessments may help inform the public about surveillance practices, while instilling a culture of privacy within government agencies as they develop new surveillance systems to combat terrorism. International standards must also be adopted to require States to enhance their safeguards to reflect technological change. IV. Conclusions and recommendations A. Conclusions 58. The Special Rapporteur is concerned that what was once exceptional is now customary. First, States no longer limit exceptional surveillance schemes to combating terrorism and instead make these surveillance powers available for all purposes. Second, surveillance is now engrained in policymaking. Critics of unwarranted surveillance proposals must now argue why additional information must not be collected, rather than the burden of proof residing with the State to argue why the interference is necessary. Third, the quality and effectiveness of nearly all legal protections and safeguards are reduced. This is occurring even as technological change allows for greater and more pervasive surveillance powers. Most worrying, however, is that these technologies and policies are being exported to other countries and often lose even the most basic protections in the process. 59. International legal standards must be developed to ensure against these forms of abuse. This would be aided by adherence to principles outlined in this report, including ensuring that surveillance is as unintrusive as possible and that new powers are developed with appropriate safeguards and limitations, effective oversight and authorization and regular reporting and review and are accompanied by comprehensive statements regarding the impact on privacy. The general public and legislatures have rarely had the opportunity to debate whether anti-terrorism powers are necessary, proportionate or reasonable. The Special Rapporteur believes that following emergent good practices may prove beneficial to all. 83 20 See the Policy Engagement Network, Briefing on the UK Government’s Interception Modernisation Programme, June 2009. GE.09-17804