[PC-NCSG] Fwd: New UN SR report on surveillance

[joy]

Hi fwiw, my take on this which i have shared on another list:

Good points:
+ says States must justify mass surveillance and there is a lack of
evidence on which he can assess whether current practices are justified
and calls on States to provide this evidence (para 63)
+ calls for a new general comment on the right to privacy (para 64) -
that's great, but not a new demand.
+ recommends that in the case of mass surveillance, any internet user
have standing to challenge legality, necessity and proportionality - (I
quite like that)
Bad points:
+ Says mass surveillance can be justified - in other words, does not say
mass surveillance as a violation of the right to privacy that can never
be justified. instead says:
    "The prevention and suppression of terrorism is thus a public
interest imperative of the highest importance and may in principle form
the basis of an arguable justification for mass surveillance of the
Internet"
+ long recitation of US and UK law reviews without application of OHCHR
standards to them
+ not much new analysis - seems to just apply the OHCHR report within
his mandate (eg says non-discrimination principle applies re
extraterritoriality of surveillance)
+ no mention of the 13 principles

So, it is a mixed bag.


Joy


On 16/10/2014 5:50 a.m., Stephanie Perrin wrote:
>
> courtesy of Dave Banisar....
>
> SP
>
>
> fyi. some quite strong language on privacy on the internet.
>
> http://s3.documentcloud.org/documents/1312939/un-report-on-human-rights-and-terrorism.pdf
>
>
> Dave
>
>
>
>
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