The role of digital access providers 2017, para. 18
Paragraph- Paragraph text
- Vague laws and regulations violate the legality requirement (see A/HRC/23/40, para. 50). The Communications and Multimedia Act of Malaysia, for example, permits authorities to order the disclosure of “any communication or class of communications” on “the occurrence of any public emergency or in the interest of public safety”. The Act does not define the conditions that trigger a public emergency and certification by the King is deemed “conclusive proof on the point”. In Qatar, law enforcement enjoys a broad right to seek access to providers’ customer communications in cases of national security or emergency. These provisions empower authorities to request user data based on a mere assertion of national security. Users are thus unable to predict with reasonable certainty the circumstances under which their communications and associated data may be disclosed to authorities.
- 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
- All
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 18
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Date added
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