The role of digital access providers 2017, para. 78
Paragraph- Paragraph text
- It is also critical for the Council and States to draw the connections between privacy interference and freedom of expression. To be sure, interferences with privacy must be assessed on their own merits under article 17 of the International Covenant on Civil and Political Rights and other norms of human rights law. But certain interferences — such as overbroad requests for user data and third party retention of such data — can have both near- and long-term deterrent effects on expression, and should be avoided as a matter of law and policy. At a minimum, States should ensure that surveillance is authorized by an independent, impartial and competent judicial authority certifying that the request is necessary and proportionate to protect a legitimate aim.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 78
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Date added
79 relationships, 79 entities