A/HRC/41/35/Add.3
implemented a biometric system that requires the fingerprint enrollment of individuals
seeking to buy food and medicine at regulated prices. Initially optional, this system
eventually became mandatory for citizens. (AI Sur, 7).
Drone Surveillance
17.
In Brazil, drones have been used to collect information about people, cars, and
buildings, with the capability of tracking demonstrations and activists. (AI Sur, 7)
Surveillance drones and balloons have also been deployed in Chile to monitor crowded
places and events in the name of safety; however, they have also been “used to constantly
surveil and repress indigenous communities in the south of the country in recent years.”
(Id., 7 - 8) The government of India has also deployed surveillance drones in Kashmir.
(Association of Parents of Disappeared Persons (“APDP”), Jammu Kashmir Coalition of
Civil Society, and Srinagar, Indian-Administered Jammu and Kashmir, 3) In China,
companies develop and sell drones as part of a broader suite of surveillance products.
(HRIC, 1).
Role of Information Technology Companies
18.
IT companies that do not specialize in surveillance may nevertheless be engaged in
the development and sale of technology products that support the development and
enhancement of surveillance systems. In India, law enforcement acquired software from
Wipro, a major Indian IT company, to create a digital database of “First Information
Reports (FIRs), case dairies [sic], crime details forms, arrest memos, and police station
dairies [sic]” as part of the country’s Crime and Criminal Tracking Network System
(CCTNS). (APDP et al., 2; see also Center for Communications Governance (“CCG”), 10)
Civil society fears that the CCTNS is being used to “profile individuals using their past
conduct, which now can include all stages of an investigation and not just a conviction by a
court of law to profile individuals on the basis of past crimes” and that it will “be leveraged
into carrying out more invasive surveillance of the public at large.” (APDP et al., 2) It is
“doubtful whether the company has any control over the manner in which the CCTNS is
utilized by law enforcement agencies.” (CCG, 17)
Arms Manufacturers
19.
In addition to being the UK’s largest arms manufacturer, BAE Systems exports
controlled surveillance tools. BAE’s mass surveillance software has been exported “to
countries where human rights abuses are common, including to Saudi Arabia, UAE, Qatar,
Oman, Morocco, and Algeria.” (Privacy International, 7). There is also evidence indicating
that BAE surveillance software was sold to the government of South Africa (ALT Advisory
et al., 6).
Mass Surveillance
20.
While the Special Rapporteur’s report does not address the problem of mass
surveillance, several submissions note that governments frequently conduct this form of
surveillance under vaguely formulated domestic frameworks that do not adequately protect
human rights and even outside existing law. (See e.g. AFTE, 1-3; Institute for Human
Rights and Business (“IHRB”), 7)
III. Relationship between the government and the private
surveillance industry
21.
Submissions raise concern about the close relationship between States and the
private surveillance industry and argue that the influence of the private sector hinders “both
an improvement of regulations as well as stricter decision about export licenses.”
(Reporters Without Borders (“RSF”), 5.) For example, NSO Group’s Pegasus spyware was
developed by the alumni of Unit 8200, Israel Defense Force’s elite intelligence unit.
(McKune, 7.) The private sector also reportedly partners with governments to host annual
trade shows to exhibit surveillance-related products (AI Sur, 3). Some governments even
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