The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 58
Paragraph- Paragraph text
- Discussions of encryption and anonymity have all too often focused only on their potential use for criminal purposes in times of terrorism. But emergency situations do not relieve States of the obligation to ensure respect for international human rights law. Legislative proposals for the revision or adoption of restrictions on individual security online should be subject to public debate and adopted according to regular, public, informed and transparent legislative process. States must promote effective participation of a wide variety of civil society actors and minority groups in such debate and processes and avoid adopting such legislation under accelerated legislative procedures. General debate should highlight the protection that encryption and anonymity provide, especially to the groups most at risk of unlawful interferences. Any such debate must also take into account that restrictions are subject to strict tests: if they interfere with the right to hold opinions, restrictions must not be adopted. Restrictions on privacy that limit freedom of expression - for purposes of the present report, restrictions on encryption and anonymity - must be provided by law and be necessary and proportionate to achieve one of a small number of legitimate objectives.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
- Reference
- SR Freedom of Opinion, Report to the HRC (2015), A/HRC/29/32, para. 58.
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 58
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58 relationships, 58 entities