The role of digital access providers 2017, para. 65
Paragraph- Paragraph text
- Companies should ensure that all requests for content restriction and customer data comply not only with procedural and legal requirements specified under local law, but also internationally established due process standards. Given the intrusion on human rights, such requests should be authorized by independent and impartial courts or adjudicatory bodies. Furthermore, companies should require that requests be made in writing and present a clear explanation of the legal basis, and the name, title and signature of the authorizing official. Companies should also seek to verify that the relevant official or government entity is authorized to issue this request. These formalities should be requested even if they are not required by law. Additionally, companies should preserve a written record of all communications between them and the requester relating to each request and logs of access to user data when executing the request, provided that such a record does not pose undue privacy risks.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 65
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