For some time now there has been a need to update understandings of
existing human rights law to reflect modern surveillance technologies
and techniques. Nothing could demonstrate the urgency of this situation
more than the recent revelations confirming the mass surveillance of
innocent individuals around the world.
To move toward that goal, today we’re pleased to announce the formal
launch of the International Principles on the Application of Human
Rights to Communications Surveillance. The principles articulate what
international human rights law – which binds every country across the
globe – require of governments in the digital age. They speak to a
growing global consensus that modern surveillance has gone too far and
needs to be restrained. They also give benchmarks that people around the
world can use to evaluate and push for changes in their own legal systems.
The product of over a year of consultation among civil society, privacy
and technology experts, the principles have already been co-signed by
over hundred organisations from around the world. The process was led by
Privacy International, Access and the Electronic Frontier Foundation.
The release of the principles comes on the heels of a landmark report
from the United Nations Special Rapporteur on the right to Freedom of
Opinion and Expression, which details the widespread use of state
surveillance of communications, stating that such surveillance severely
undermines citizens’ ability to enjoy a private life, freely express
themselves and enjoy their other fundamental human rights. And recently,
the UN High Commissioner for Human Rights, Nivay Pillay, emphasised the
importance of applying human right standards and democratic safeguards
to surveillance and law enforcement activities.
“While concerns about national security and criminal activity may
justify the exceptional and narrowly-tailored use of surveillance
programmes, surveillance without adequate safeguards to protect the
right to privacy actually risk impacting negatively on the enjoyment of
human rights and fundamental freedoms,” Pillay said.
The principles, summarised below, can be found in full at
necessaryandproportionate.org. Over the next year and beyond, groups
around the world will be using them to advocate for changes in how
present laws are interpreted and how new laws are crafted.
We encourage privacy advocates, rights organisations, scholars from
legal and academic communities, and other members of civil society to
support the principles by adding their signature.
To sign, please send an email to rights at eff dot org, or visit
International Principles on the Application of Human Rights to
Towards international principles on communications surveillance (21.11.2012)
Spies Without Borders Series: Using Domestic Networks to Spy on the
UN report: The link between State surveillance and freedom of expression
(Contribution by Katitza Rodriguez – EDRi member Electronic Frontier