A/HRC/13/37
B.
Recommendations
For legislative assemblies
60.
The Special Rapporteur recommends again that any interference with the right
to privacy, family, home or correspondence should be authorized by provisions of law
that are publicly accessible, particularly precise and proportionate to the security
threat, and offer effective guarantees against abuse. States should ensure that the
competent authorities apply less intrusive investigation methods if such methods
enable a terrorist offence to be detected, prevented or prosecuted with adequate
effectiveness. Decision-making authority should be structured so that the greater the
invasion of privacy, the higher the level of authorization needed.
61.
Adherence to international standards for privacy and human rights protection
must be a tenet national law. Accordingly, a comprehensive data protection and
privacy law is necessary to ensure that there are clear legal protections for individuals
to prevent the excessive collection of personal information, that ensures measures are
in place to ensure the accuracy of information, that creates limits on the use, storage,
and sharing of the information, and which mandates that individuals are notified of
how their information is used and that they have a right to access and redress,
regardless of nationality and jurisdiction.
62.
Strong independent oversight mandates must be established to review policies
and practices, in order to ensure that there is strong oversight of the use of intrusive
surveillance techniques and the processing of personal information. Therefore, there
must be no secret surveillance system that is not under the review of an effective
oversight body and all interferences must be authorized through an independent
body.
63.
All current and proposed counter-terrorism policies must include privacy
impact assessments to review and communicate how the policy and technologies
ensure that privacy risks are mitigated and privacy is considered at the earliest stages
of policymaking.
64.
The Special Rapporteur recommends that stronger safeguards be developed to
ensure that the sharing of information between governments continues to protect the
privacy of individuals.
65.
The Special Rapporteur also recommends that stronger regulations are
developed to limit Government access to information held by third parties, including
reporting schemes, and to minimize the burden placed on third parties to collect
additional information, and that constitutional and legal safeguards apply when third
parties are acting on behalf of the State.
66.
The Special Rapporteur warns that legislative language should be reconsidered
to prevent the use of anti-terrorism powers for other purposes. New systems must be
designed with a limitation of scope in the specifications.
For Governments
67.
The Special Rapporteur urges 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 ensure against abuse.
68.
The Special Rapporteur recommends open discussion and regular reporting on
information-based surveillance programmes. Reports to legislative and oversight
GE.09-17804
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents