A/HRC/14/46
Practice 20: Any measures by intelligence services that restrict human rights and
fundamental freedoms comply with the following criteria:
(a)
They are prescribed by publicly available law that complies with
international human rights standards;
(b)
All such measures must be strictly necessary for an intelligence service to
fulfil its legally prescribed mandate;
(c)
Measures taken must be proportionate to the objective. This requires that
intelligence services select the measure that least restricts human rights, and take special
care to minimize the adverse impact of any measures on the rights of individuals, including,
in particular, persons who are not suspected of any wrongdoing;
(d)
No measure taken by intelligence services may violate peremptory norms of
international law or the essence of any human right;
(e)
There is a clear and comprehensive system for the authorization, monitoring
and oversight of the use of any measure that restricts human rights;
(f)
Individuals whose rights may have been restricted by intelligence services are
able to address complaints to an independent institution and seek an effective remedy.
Practice 21. National law outlines the types of collection measures available to intelligence
services; the permissible objectives of intelligence collection; the categories of persons and
activities which may be subject to intelligence collection; the threshold of suspicion
required to justify the use of collection measures; the limitations on the duration for which
collection measures may be used; and the procedures for authorizing, overseeing and
reviewing the use of intelligence-collection measures.
Practice 22. Intelligence-collection measures that impose significant limitations on human
rights are authorized and overseen by at least one institution that is external to and
independent of the intelligence services. This institution has the power to order the revision,
suspension or termination of such collection measures. Intelligence collection measures that
impose significant limitations on human rights are subject to a multilevel process of
authorization that includes approval within intelligence services, by the political executive
and by an institution that is independent of the intelligence services and the executive.
Practice 23. Publicly available law outlines the types of personal data that intelligence
services may hold, and which criteria apply to the use, retention, deletion and disclosure of
these data. Intelligence services are permitted to retain personal data that are strictly
necessary for the purposes of fulfilling their mandate.
Practice 24. Intelligence services conduct regular assessments of the relevance and
accuracy of the personal data that they hold. They are legally required to delete or update
any information that is assessed to be inaccurate or no longer relevant to their mandate, the
work of oversight institutions or possible legal proceedings.
Practice 25. An independent institution exists to oversee the use of personal data by
intelligence services. This institution has access to all files held by the intelligence services
and has the power to order the disclosure of information to individuals concerned, as well
as the destruction of files or personal information contained therein.
Practice 26. Individuals have the possibility to request access to their personal data held by
intelligence services. Individuals may exercise this right by addressing a request to a
relevant authority or through an independent data-protection or oversight institution.
Individuals have the right to rectify inaccuracies in their personal data. Any exceptions to
these general rules are prescribed by law and strictly limited, proportionate and necessary
for the fulfilment of the mandate of the intelligence service. It is incumbent upon the
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GE.10-13410
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