The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 17
Paragraph
Paragraph text
In many countries, existing legislation and practices have not been reviewed and updated to address the threats and challenges of communications surveillance in the digital age. Traditional notions of access to written correspondence, for example, have been imported into laws permitting access to personal computers and other information and communications technologies, without consideration of the expanded uses of such devices and the implications for individuals' rights. At the same time, the absence of laws to regulate global communications surveillance and sharing arrangements has resulted in ad hoc practices that are beyond the supervision of any independent authority. Today, in many States, access to communications data can be conducted by a wide range of public bodies for a wide range of purposes, often without judicial authorization and independent oversight. In addition, States have sought to adopt surveillance arrangements that purport to have extra-territorial effect.
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)
Governance & Rule of Law
Humanitarian
Person(s) affected
N.A.
Year
2013
Paragraph type
Other
Reference
SR Freedom of Opinion, Report to the HRC (2013), A/HRC/23/40, para. 17.