be warned about the potential for misuse of data
that they supply online. Government bodies and
non-state actors collecting, retaining, processing or
disclosing data have a responsibility to notify the
concerned party when the personal data or information collected about them has been abused, lost
or stolen.
Mass or indiscriminate surveillance of individuals
or the monitoring of their communications, constitutes a disproportionate interference, and thus
a violation, of the right to privacy, freedom of expression and other human rights. Mass surveillance
shall be prohibited by law.
The collection, interception and retention of communications data amounts to an interference with
the right to privacy and freedom of expression
whether or not the data is subsequently examined
or used.
In order to meet the requirements of international
human rights law, targeted surveillance of online
communications must be governed by clear and
transparent laws which, at a minimum, comply
with the following basic principles: first, communications surveillance must be both targeted and
based on reasonable suspicion of commission or
involvement in the commission of serious crime;
second, communications surveillance must be judicially authorised and individuals placed under
surveillance must be notified that their communications have been monitored as soon as practicable
after the conclusion of the surveillance operation;
third, the application of surveillance laws must be
subject to strong parliamentary oversight to prevent
abuse and ensure the accountability of intelligence
services and law enforcement agencies.
It should also be recognised that for the enjoyment
of their right to privacy, individuals must be protected from unlawful surveillance by other individuals, private entities or institutions, including in
their place of work or study and in public internet
access points.

• Security, stability and resilience of the
internet
Everyone has the right to enjoy secure connections
to and on the Internet including protecting from services and protocols that threaten the security, stabil-

ity and resilience of the Internet.
Security, stability and resilience of the Internet must
be protected and technical attacks against information systems should be prevented. Encryption is one
of the key ways in which this can be achieved.
States should recognise in their legislation and
practices that encryption is a basic requirement for
the protection of the confidentiality and security of
information. In particular, States should promote
end-to-end encryption as the basic standard for the
protection of the rights to freedom of expression
and privacy online, and promote the use of open
source software.
At the same time, States should refrain from adopting measures requiring or promoting technical
backdoors to be installed in hardware and software
encryption products. They should repeal laws banning the use of encrypted products, particularly by
end-users, or laws requiring government authorisation for the use of encrypted products.
Companies should also refrain from weakening
technical standards and roll out the provision of
services with strong end-to-end encryption.
Initiatives to improve security of the Internet and
address digital security threats should involve appropriate collaboration between governments, private sector, civil society, academia and the technical community.

• Marginalised groups and groups at risk
States and non-state actors shall respect and protect
the right of all individuals to have access to and
use the Internet. Special attention should be paid to
the needs of groups at risk of discrimination in the
enjoyment of their human rights, including women,
the elderly, young people and children; minorities,
including ethnic, linguistic, sexual and religious
minorities; and other marginalised groups such as
indigenous people, persons with disabilities, and
rural communities/people living in rural areas.

• Due process
States must respect the right of every individual to
equal protection under the law. This means that no
one can be arbitrarily detained or punished for any

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