A/HRC/14/46 provides a check on the legality of intelligence-sharing practices, and is an important safeguard against the sharing of personal data that may have serious human rights implications for the individuals concerned. Practice 35. Intelligence services are explicitly prohibited from employing the assistance of foreign intelligence services in any way that results in the circumvention of national legal standards and institutional controls on their own activities. If States request foreign intelligence services to undertake activities on their behalf, they require these services to comply with the same legal standards that would apply if the activities were undertaken by their own intelligence services. 50. National laws regulating the activities of intelligence services provide legal and institutional safeguards to protect human rights and the constitutional legal order within the context of intelligence activities. In view of this, it would be contrary to the rule of law for States or their intelligence services to request a foreign entity to undertake activities in their jurisdiction that they could not lawfully undertake themselves. It would be good practice for national law to contain an absolute prohibition on intelligence services cooperating with foreign entities in order to evade legal obligations that apply to their own activities.172 In addition, it is important to recall that States have an international legal obligation to safeguard the rights of all individuals under their jurisdiction. This implies that they have a duty to ensure that foreign intelligence services do not engage in activities that violate human rights on their territory, as well as to refrain from participating in any such activities.173 Indeed, States are internationally responsible if they aid or assist another State to violate the human rights of individuals.174 172 173 174 GE.10-13410 European Parliament Temporary Committee on the Echelon Interception System, report on the existence of a global system for the interception of private and commercial communications, A50264/2001, pp. 87–88 (hereafter European Parliament, Echelon report); Church Committee report, p. 306. Human Rights Committee, general comment No. 31 on the nature of the general legal obligation imposed on States parties to the Covenant (CCPR/C/21/Rev.1/Add.13), para. 10; European Parliament Echelon report, pp. 87–89. Human Rights Committee, general comment No. 31; General Assembly resolution 56/83, annex, art. 16; Secretary-General of the Council of Europe, Secretary-General’s report under art. 52 of the European Convention on Human Rights on the question of secret detention and transport of detainees suspected of terrorist acts, notably by or at the instigation of foreign agencies, SG/Inf (2006) 5, paras. 23 and 101. 29

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