By Peter S. Vogel |
An international coalition of more than 300 human rights, privacy organizations, and privacy leaders established policies “that governments must follow to protect human rights in an age of digital surveillance” which has been led by the Electronic Frontier Foundation (EFF), Access, and Privacy International. These “Necessary and Proportionate Principles” outline 13 policies that governments must follow to protect human rights in an age of digital surveillance:
Specifically #12 Safeguards for international cooperation includes details about Mutual Legal Assistance Treaties (MLATs) and other agreements entered into by States:
…should ensure that, where the laws of more than one state could apply to communications surveillance, the available standard with the higher level of protection for individuals is applied. Where States seek assistance for law enforcement purposes, the principle of dual criminality should be applied. States may not use mutual legal assistance processes and foreign requests for protected information to circumvent domestic legal restrictions on communications surveillance. Mutual legal assistance processes and other agreements should be clearly documented, publicly available, and subject to guarantees of procedural fairness.
It will be interesting to see how successful this international effort for privacy protection will be.
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