A/HRC/31/66
72.
Practical recommendations:
(a)
States should ensure that a comprehensive community engagement
strategy is in place that includes programmes and policies designed to build trust and
communication among law enforcement officials, the media and other assembly
monitors;
(b)
Authorities should proactively engage with monitors by communicating
consistently before, during and after an assembly; by providing access and
information to members of the media and other monitors; and by considering and
responding to monitors’ reports after assemblies;
(c)
Authorities should routinely notify national human rights institutions or
other relevant independent oversight bodies of anticipated assemblies and facilitate
the access required for them to monitor properly all phases of the assembly;
(d)
States should prohibit by law any interference with the recording of an
assembly, including the seizure or damage of any equipment, except that pursuant to
a warrant from a judge, where the judge considers that it has probative value.
G.
The collection of personal information in relation to an assembly
must not interfere impermissibly with privacy or other rights
73.
The collection of accurate information by law enforcement may be useful to the
proper management of assemblies, enabling law enforcement to discharge their
responsibilities to prepare for and facilitate peaceful assemblies. The collection and
processing of personal information, such as through recording devices, closed-circuit
television and undercover policing, must comply with protections against arbitrary or
unlawful interference with privacy.
74.
Legislation and policies regulating the collection and processing of information
relating to assemblies or their organizers and participants must incorporate legality,
necessity and proportionality tests. Given the intrusiveness of such methods, the threshold
for these tests is especially high. Where they interfere with the exercise of rights, data
collection and processing may represent a violation of the rights to freedom of peaceful
assembly and expression.
75.
The capacity to use communication technologies securely and privately is vital to
the organization and conduct of assemblies. Restrictions to online access or expression
must be necessary and proportionate and applied by a body independent of any political,
commercial or other unwarranted influences, and there should be adequate safeguards
against abuse (see A/HRC/17/27, para. 69). The practice of blocking communications —
impeding the organization or publicizing of an assembly online — rarely satisfies these
requirements (ibid., para. 31).
76.
While there may be legitimate law enforcement and accountability reasons to record
an assembly, the act of recording participants may have a chilling effect on the exercise of
rights, including freedom of assembly, association and expression. Recording peaceful
assembly participants in a context and manner that intimidates or harasses is an
impermissible interference to these rights.
77.
The use of undercover officers to collect intelligence relating to assemblies is
problematic. It is highly intrusive and carries a high risk of rights violations and therefore
should not be allowed unless reasonable grounds exist to suspect that a serious criminal act
is likely to be committed. Authorities should consider whether the proposed undercover
activity is the only way to secure the required information, and whether the value of the
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