Overview of the South African Protection of Information Bill

The methods used to collect and store information and data have evolved over time.

In the past personal information was collected primarily through direct means by companies that people did business with. The collected information would be stored to enable the company to provide a service to the customer and to bill the customer after service delivery. The high cost of storing information typically meant that a company would only store information that was strictly necessary for these purposes and that the information would be stored for a limited time once it was no longer needed.

In the last two decades new technologies, including the internet and mobile devices, have dramatically changed the way in which people interact with each other and with companies, leading to an increase of the number of ways which companies can collect personal information about data subjects; a cell phone application which has access to your precise GPS coordinates, phone book and text messages; an internet website tracking its visitors; an in-store loyalty card which tracks shopping habits; an internet search engine which logs and stores each of your search queries; a social network application for your tablet computer which redirects your personal and business email to its own servers.

In many cases people are either unaware that data collection is happening or are unaware of the scope of the data collection. The falling cost to store information electronically now means that this personal information which is collected can be stored for longer periods of time, perhaps indefinitely.

Once this personal information has been collected, which could include individual’s names, gender, phone numbers, home address, email addresses, or shopping and internet browsing habits, the question has often been whether this information still belongs to the private individual or whether the information now belongs the company collecting the information? What can a company use the collected information for after collection?

In South Africa a person’s right to privacy has been entrenched in section 14 of the South African Constitution 1996, which provides that “[e]veryone has the right to privacy”, before going further to cater for specific circumstances. The South African Protection of Personal Information Bill, or POPI, which may become law soon takes further steps to entrench the right to privacy and to protect personal information which is collected and stored.

The Protection of Personal Information Bill draws on years of research and contains many broad principles which were developed and incorporated into the European Union’s Data Protection Rules. It seeks to introduce measures to ensure that personal information is protected, but aims to balance this objective against the right to access to information and the principle of free flow of information.

The bill accomplishes its objectives by codifying the rights that persons have in their own personal information and specifying eight conditions, or principles, that must be complied with by persons when collecting, storing and processing the personal information.

The Protection of Personal Information Bill may have far reaching consequences on some businesses operating in South Africa. Businesses should evaluate the information which is currently being collected to determine whether the bill will apply to the activities of the business. If the bill does apply a business will have to evaluate and determine what technical and organisational measures need to be taken to ensure that the legislation can be complied with once it is enacted.

Application of the Protection of Personal Information Bill

In terms of section 3, the Protection of Personal Information Bill applies to any activity concerning personal information which is either conducted in South Africa, or which is conducted outside South Africa by a responsible party which is domiciled (a resident) in South Africa.

The bill binds both public and private bodies, extending to any South African state department or administration, state functionary, state institution, private companies, private partnerships, sole proprietors and any other individual.

The activities relating to personal information which are regulated in terms of the bill include:

  • collection;
  • receipt;
  • recording;
  • storage;
  • retrieval;
  • dissemination; and
  • use.

The definition given to “personal information” ensures that the legislation will have a wide application.

Personal information is defined as any information relating to an identifiable, living natural person or existing juristic person, including a person’s:

  • name;
  • gender;
  • sexual orientation;
  • religion;
  • education;
  • identifying number;
  • e-mail address;
  • telephone number
  • personal opinions; and
  • correspondence.

There are, however, some exclusions, such as the exclusion of data relating to a purely personal or household activity, data which has been de-identified and data collected by a public body involving national security and the investigation or proof of criminal offences.

Rights Granted in Terms of the Protection of Personal Information Bill

The section 5 of the Protection of Personal Information Bill briefly sets out the rights granted in terms of the bill which are elaborated and expanded on in further chapters. The rights granted in terms of the bill include:

  • the right to be notified that personal information is being collected;
  • the right to be notified if there has been any security compromises and if personal information has been unlawfully accessed;
  • the right to establish if a person or entity holds any personal information and if so request access to the personal information;
  • the right to know the identity of third parties who have had access to the personal information;
  • the right to request the correction, destruction or deletion of personal information;
  • the right to object to the processing of personal information;
  • the right to submit a complaint to the Information Regulator, which is to be established in terms of the bill; and
  • the right to institute civil law suits to claim damages suffered as a result of a contravention of the bill.

Conditions for the Lawful Processing of Personal Information

Chapter 3 of the Protection of Personal Information Bill sets out eight conditions, or principles, which must be complied with when processing personal information.

Failure to comply with these conditions when collecting and processing information protected by the bill would constitute an interference with the rights of the individual in terms of section 73 and may result in civil liability in terms of section 93 for damages suffered by the individual.

Contravention of other chapters of the bill can also result in administrative penalties or a criminal conviction punishable by fines or imprisonment of up to ten years for some offences.

These conditions for the lawful processing of personal information are:

Condition 1: Accountability

The first condition provides that the responsible party, namely the public or private body which determines the purposes and means for processing personal information, must ensure that personal information is processed lawfully and that the conditions are complied with at the time when the purposes and means of data processing is determined and during the processing itself.

Condition 2: Processing Limitation

The second condition sets limits on the methods which may be used when collecting personal information and on the scope of processing the information. Focus is placed on the protection of privacy and prevention of excessive collection and processing.

This condition provides that personal information may generally only be collected directly from the individual and not from other third party sources.

It also provides that personal information may only be collected and processed if:

  • the individual has consented;
  • it is necessary to perform in terms of a contract concluded directly with the individual;
  • it protects a legitimate interest of the individual or the person collecting or processing the information; or
  • it is necessary for the proper performance of a public law duty by a public body.

Data subjects are also granted the right to object to the collection and processing of personal information, including the specific right to object to direct marketing from companies which they are not already an existing customer of.

Condition 3: Purpose Specification

The third condition sets limits on the reasons for the collection of personal information and limits the duration that the records may be retained.

This condition specifies that personal information may only be collected for specific and explicitly defined purposes and that data subjects must be informed of the purpose for collecting the information.

Once the personal information has been collected it may not be retained any longer than what is necessary for achieving the defined purpose. After the personal information is no longer required it must be either destroyed or “de-identified” in a manner which would make identification of the individual impossible either on its own or if combined with other information.

Condition 4: Further Processing Limitation

The fourth condition limits the use of personal information once collected, providing that all processing must only be in accordance with, or compatible with, the purpose for which the information was originally collected.

Condition 5: Information Quality

The fifth condition ensures that reasonable steps must be taken by the responsible person to ensure that all personal information which is collected or processed is complete, accurate, not misleading and updated where necessary.

Condition 6: Openness

The sixth condition ensures openness of records relating to the processing of personal information by requiring responsible persons who collect and process personal information to retain records of the processing operations in terms of the Promotion of Access to Information Act.

This condition also requires that data subjects are notified of their rights in terms of the bill. Steps must be taken before the actual collection of personal information to ensure that an individual is aware of:

  • what information is being collected;
  • the name and address of the responsible party collecting or processing the information;
  • the purpose of collecting the information;
  • the consequences of not providing access to the personal information; and
  • if the information is to be transferred to another country, the level of protection afforded to the information in that country.

Condition 7: Security Safeguards

The seventh condition introduces safeguards to protect the integrity and confidentiality of personal information once it has been collected.

In terms of this condition any person collecting or processing personal information must take appropriate and reasonable technical and organisational measures to ensure that personal information is not lost, damaged or unlawfully accessed or processed. This requires the responsible party to take measures to identify internal and external risks, establish and maintain safeguards and continually update procedures and safeguards in response to new risks or deficiencies.

Data subjects must also be informed of any security breaches as soon as reasonably possible.

Condition 8: Data Subject Participation

The final condition applicable to the lawful processing of personal information provides data subjects with the right to participate in the collection and processing of their personal information.

This condition provides data subjects with the right to:

  • request whether or not a person is in possession of personal information belonging to the data subject;
  • request a record of the personal information held;
  • request information regarding all third parties who have had access to the personal information;
  • request the correction or deletion of inaccurate personal information; and
  • request the deletion or destruction of personal information.

This work by Clinton Pavlovic is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Simple Steps to Increase Online Privacy

Since the revelations by Edward Snowden on the online data tracking done by the government of the United States of America, the current state of online privacy has been thrust into public attention, in particular how much information is willingly, and more often unknowingly, given away by internet users.

Your online activities are tracked by every internet service you use, by every web site you visit and by the advertisers and content providers on each page you view. These companies track web users invisibly as they surf the internet recording everything that is searched for online, each link that is clicked and each web page that is visited. The list of people acquiring information that can personally identify you is longer than what you might expect.

Regardless of the reasons provided for tracking your online activities, which include the ability to serve you with targeted adverts and improved customized search results “for your benefit”, the fact remains that large troves of personally identifiable information often unknowingly falls into the hands of third parties.

For an illustration of information that is collected by search engines you should take a look at the database of user searches that America Online released to the public in 2006. This database contains the searches of more than 650,000 AOL users over a three month period and illustrates the privacy nightmares that can arise when even small amounts of private search data becomes publicly available. You can browse this database and see the search queries that the users entered and which links were followed by the user.

For instance, user #2258946 searched for boat motors, golf club grips and sport back braces; user #98280 searched for pregnancy calculators, whether bi-polar personality disorders are hereditary and spiritual beliefs on abortion; and user #110602 searched for Star Wars music, sex games and pornography. People have claimed to have been able to pinpoint the identities of various users using only the search data which was released.

If you have a Google Account and use Google’s services you can take a trip down memory lane and look at some of your own past search queries by logging into your Google account and going to www.google.com/history

Methods Used to Track Internet Users

The most common and simple methods used to keep track of internet users are through tracking cookies, internet browser referrers and IP addresses.

Cookies are small pieces of data which are sent by a web server to your computer when you access a website. These pieces of data, the cookies, are stored on the visiting computer. These are referred to as “first party cookies”. Each website visited may also be linked to and request content from third parties which deliver services to the website, for instance
advertisements or analytic services. These third parties may also upload and store tracking cookies on the visiting computer. These are referred to as “third party cookies”.

Cookies are a way for a website to identify and store information about each visitor. They are used to maintain data related to the visitors during navigation across various visits, store a visitors personal preferences and may also track a visitors web browsing in conjunction with the computers IP address and browser referrer fields.

An IP Address is a unique numerical address which is assigned to any device which connects to the internet. Because it is generally unique and is assigned based on your geographical region and internet service provider it can be used to track the device to the country and city in which the device is connecting to the internet. The IP address can be used to track recurring visitors to the same site or the same visitors across various sites, as visitors with the same IP address will generally be the same person or someone using the same internet connection. To see the IP address and location
information of the device you are currently reading this article on you can visit https://www.dnsleaktest.com/

A referrer is information about which page your request to the web server originated from, the referring page [8]. When you follow a link from a search query or a link on another website the website which you visit receives information about the website that directed you to it.

By analysing stored tracking cookies, IP addresses, referrers and other information made available it is possible to discover the pages the user has visited, in what sequence, and for how long.

What Can Be Done to Increase Online Privacy?

There are some easy tactics that can be used to limit the amount of information that is gathered about your online activities, which will be discussed.

A word of caution: None of these methods will give you anonymity on the internet. Your internet service provider and any local law enforcement will still be able to use methods to track your movements across the internet and record the websites that you visit.

The methods presented here will only minimise the amount of personally identifiable information that can be gathered by private companies across the internet.

Replace Your Internet Browser

The first thing to consider is replacing your proprietary internet browser (such as Microsoft’s Internet Explorer or Google’s Chrome browser) with one that is Free and Open Source Software. Using a free and open source browser allows the community of users to ensure that the browser is secure, does not contain any intentional security back doors and does not do anything unknown that could be malicious or could be used to identify you.

Install Mozilla Firefox, the recommended Free and Open Source internet browser:

Change Your Browser Cookie and Tracking Settings

It is possible to easily minimise the information collected by means of cookies by simply changing some settings in your internet browser. Settings that you should consider changing are:

  • Disable third party cookies, which will immediately reduce the amount of cookies received from third parties and advertisers, reducing the amount of information that these companies can collect. A guide on how to do this in Mozilla Firefox is found at https://support.mozilla.org/en-US/kb/disable-third-party-cookies
  • Set your browser so all cookies are deleted when the browser is closed. This setting is found on the same setting page as third party cookies settings, so after deselecting “Accept third-party cookies”, right below it select “Keep until I close Firefox”. This will ensure that all cookies are deleted when you close your browser and are not stored for years.
  • The browser plugin “Self Destructing Cookies” destroys cookies as soon as a tab is closed and no longer used. This can be installed from https://addons.mozilla.org/en-US/firefox/addon/self-destructing-cookies/
  • Turn on your browsers “do not track” feature. This tells websites not to track you, but unfortunately it is up to the individual websites whether they want to comply with your request. A guide on how to do this in Mozilla is found at https://support.mozilla.org/en-US/kb/how-do-i-turn-do-not-track-feature

Install a Browser Plugin to Eliminate All Online Advertising

Install Adblock Edge to get rid of advertising on websites and to make sure that you do not accidentally click on any of these unwanted links. Adblock Edge is a fork of Adblock Plus software. Both these plugins are popular advertising blockers, but by default Adblock Plus allows adverts that it classifies as “acceptable adverts”. It may be noble to want to support websites and advertisers who promote advertising that does not destroy your viewing experience, but this would may contrary to the objective of increasing privacy. The business model of Adblock Plus, which allows advertisers to pay the company to have their adverts automatically white listed, has also raised some concerns.

Adblock Edge can be found at https://addons.mozilla.org/en-us/firefox/addon/adblock-edge/

Install a Browser Plugin to Prevent Social Networks From Being Sent Data by Websites Visited

Facebook, Twitter and other social networks have buttons which websites can incorporate to make sharing content easier for visitors. An example is Facebook’s “Like” button which is now found on many internet websites and not only on facebook.com. One feature that most internet users are unaware of is that these buttons collect and send information about your browsing back to the company (Facebook, Google or Twitter) regardless of whether or not you use or click the button. The process used is described in detail in this research paper.

Each time you visit a website incorporating a Facebook “Like” button the website sends a request to Facebook to retrieve the button for display, along with a cookie. If you are logged into Facebook at the time, or have visited Facebook and still have a Facebook cookie on your computer, then the cookie that is sent to Facebook will incorporate your unique Facebook user ID. This allows Facebook to monitor every website that you visit whether you are logged into Facebook or not.

Even if you do not have a Facebook account Facebook collects and stores this information about your browsing, creating what it calls “shadow accounts”.

You can prevent this by installing the Disconnect browser plugin, which blocks these requests and information sent to social networks. Disconnect can be downloaded from https://disconnect.me/

One criticism of Disconnect is that it does not go far enough because it only blocks cross-site requests from the largest known social networks and advertisers. To prevent all cross-site requests you can install the Request Policy plugin. This plugin does, however, break most websites but if you are willing to make the effort to configure it properly for the websites that you visit often it will greatly increase your privacy and security.

Install HTTPS Everywhere Browser Plugin

The HTTPS Everywhere browser plugin maximises your use of HTTPS encrypted connections and ensures that your browser will use a secure encrypted connection to a web server if one is available.

HTTPS Everywhere is found at https://www.eff.org/https-everywhere

Use a Search Engine That Does Not Track You

The major search engines, Google, Yahoo and Bing, record each search query entered into their search engine along with the links followed. This information is used together with your computers IP address to track your browsing habits and build databases containing all information and location details. This information is then used by the companies and their partners to attempt to increase their own revenue by serving you personalised, targeted, adverts.

Your search results can contain very personal and intimate details about you as highlighted in the released AOL database of user searches, and will likely contain personally identifiable information.

To prevent a company from building up a detailed database like this you must not use a search engine which generates income through advertising, but should instead use an alternate search engine which takes its users privacy seriously. Two search engines to consider are:

I personally use startpage.com because it provides search results as if you are using Google. When you search with Startpage the web results are generated by Google and not by Startpage itself. Startpage takes your search query and
sends it to Google without providing Google with any identifying information about you. Startpage then delivers the Google search results to you. Startpage does not collect or store any personal information, including your IP address, and has been awarded the European Privacy Seal.

Set Startpage as your homepage, add Startpage search to your browser, and configure your internet browser so you can search Startpage from your URL bar.

Other Privacy Improvements to Consider

There are many other methods that can be considered to improve privacy and security online, but each of these topics would require a separate guide on their own. These include:

  • turning off your internet browsers “referers”, so websites are not sent information about the links you followed to arrive on their page; I have, however, found that this breaks some websites which requires a login;
  • increasing the strength and uniqueness of your online passwords;
  • using services to hide your IP address, such as through a virtual private network (VPN) or Tor (the Onion Router);
  • taking steps to change and protect your internet browsers fingerprint;
  • installing browser plugins to prevent websites from loading java script; this has the benefit of increasing both privacy as well as security; and
  • encrypting emails.

This work by Clinton Pavlovic is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Free Software and its Security Advantages

Everyone loves free software, but not all free software is Free. With software there is a substantial difference between “free”, “Free”, and “open source”.

As an end user Free Software can in some cases offer advantages over closed and proprietary software, especially in the case of software which is relied on for security.

The Definition of Free

The Free Software Foundation defines Free Software as “software that respects users’ freedom and community. Roughly, the users have the freedom to run, copy, distribute, study, change and improve the software. With these freedoms, the users (both individually and collectively) control the program and what it does for them.”

Free Software is not about price, but about protecting users freedom to use, modify and distribute software. The four fundamental freedoms that are applicable to Free Software are:

  • The freedom to run the program, for any purpose (freedom 0). Does the software do what it purports to do? Does the software only do what it purports to do, free from any nefarious other uses or intentional back doors that are unknown to you? Is the software secure from attackers;
  • The freedom to study how the program works, and change it so it does your computing as you wish (freedom 1);
  • The freedom to redistribute copies so you can help your neighbour (freedom 2);
  • The freedom to distribute copies of your modified versions to others (freedom 3). Access to the source code of the software is a precondition for the practical exercise of these freedoms. This access is the largest difference between proprietary software and Free Software.

Free Software, and its accompanying freedoms, should not be equated or confused with software that does not have a price; it is possible for a company to charge a price for Free Software, just as it is possible for a company to give away its own proprietary software at no cost. Also, just because software is Free, does not necessarily mean it is not subject to copyright; one method used to protect Free Software is to make it subject to a “copyleft” license, such as the GNU GPL License, which requires modifications to the software to be distributed under the same license, preventing persons from modifying Free Software and re-releasing it as proprietary code.

Free Software is about liberty, not price. As the FSF puts it, “[t]o understand the concept, you should think of ‘free’ as in ‘free speech,’ not as in ‘free beer’.”

The term “open source software” is often incorrectly used interchangeably with the term “Free Software”. With open source software you can usually view and modify source code, but open source software does not necessarily grant all the freedoms associated with Free Software.

Security Advantages Offered by Free Software

When selecting a software to use there are often various programs available, some proprietary and others Free Software. When using any software it is essential to be able to ensure that:

  • the software indeed does what it says it does;
  • the software does not do anything malicious or contain “back doors”; and
  • the software does not contain any exploitable bugs or security flaws.

These concerns are amplified if the software it being used to preform a critical function, to protect systems or store and safeguard confidential information.

Proprietary software is developed in a closed fashion by a limited development team. Nobody has the right or the ability to examine the source code. This means that you are putting your trust in the software’s development team. Unfortunately trust can be placed in the wrong people.

How certain can you be that your encryption software does indeed encrypt your data using the algorithm that it says it does? Does the encryption program implement the algorithm correctly? Does your software phone home or otherwise send requests or information to an unknown server? Does your software contain intentional back doors to allow third parties or law enforcement to circumvent security? Is your software free from security vulnerabilities that can be exploited?

These concerns are addressed by Free Software.

First, with Free Software you can be certain that the software does indeed do
what it purports to do. The source code is available and users are able to examine exactly what the software does and how it aims to do it.

Secondly, because users are able to examine the source code any intentional back doors build into the software can be more easily discerned and anything malicious in the software can be identified.

Thirdly, serious security flaws can be quickly identified and addressed. Linus Law, named in honour of Linus Torvalds, is “given enough eyeballs, all bugs are shallow”. Free Software is often developed by extremely large groups of people, for example the latest Linux report states that more than ten thousand people have contributed to the Free operating system. Arguably the large amount of people actively combing through, improving and adding to the software source code weed out many of the exploitable bugs and security flaws.

Some opponents of Free Software argue that by having code open for inspection it makes software less secure, allowing people to look at the software code, find and exploit flaws. This is an argument in favour of “security through obscurity”, an argument that a security flaw in code is acceptable as long as it is hidden and no body can easily see it. Security through obscurity is never a good idea as it works off of the premise that would be attackers are not looking for vulnerabilities that exist in the proprietary software.

Unfortunately no software can ever provide a guarantee that it is one hundred percent secure, but it should not be necessary to place your trust in a group of developers who may not have your best interests in mind. With Free Software you don’t have to trust so blindly.

Edit: A fascinating perspective on the topic of trusting code is given in this speech by Ken Thompson, published in Communications of the ACM, August 1984 Volume 27 Number 8, entitled “Reflections on Trusting Trust: To what extent should one trust a statement that a program is free from Trojan horses. Perhaps its more important to trust the people who wrote the software”.

“The moral is obvious. You can’t trust code that you did not totally create yourself. (Especially code from companies that employ people like me.) No amount of source-level verification or scrutiny will protect you from using untrusted code. In demonstrating the possibility of this kind of attack, I picked on the C compiler. I could have picked on any program-handling program such as an assembler, a loader, or even hardware microcode. As the level of program gets lower, these bugs will be harder and harder to detect. A well-installed microcode bug will be almost impossible to detect …”


This work by Clinton Pavlovic is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

How Existing Human Rights Law Applies to Modern Digital Surveillance

A group of worldwide privacy organizations and advocates have adopted and released a document entitled “The International Principles on the Application of Human Rights to Communications surveillance“.

The document sets out how existing international human rights laws applies in the digital environment and details thirteen principles that must be adhered to by any government in order to comply with current international law.

Importantly, the document addresses the distinction between collection of the content of a communication and the collection of the “communications metadata”, and concludes that the distinction between the two are no longer appropriate; metadata and other non-content data deserves equal protection because it may reveal even more about an individual than the content of the communication itself.

The thirteen principles, based on current international law, outlined in the document are summarized below.

Legality

Any limitation to the right of privacy must be prescribed by a publicly available legislative act, and subject to periodic review.

Legitimate Aim

Laws should only permit surveillance by specified state authorities.

Any surveillance must be conducted to achieve a legitimate aim that corresponds to a predominantly important legal interest that is necessary in a democratic society.

Necessity

Surveillance should not be widespread, but must be restricted only to what is necessary to achieve the legitimate aim.

Surveillance should only be conducted when it is the only method to achieve the legitimate aim, or is the method that is least likely to infringe on the persons human rights.

Adequacy

The surveillance must be able to fulfil the legitimate aim.
Proportionality

Before any state engages in surveillance for the purposes of a criminal investigation it must establish before an independent court that:

  • there is a high degree of probability that a serious crime has been or will be committed;
  • evidence of that crime will be obtained by the surveillance;
  • other less invasive techniques have been exhausted;
  • the information gathered will be limited to that which is relevant to the alleged crime; and
  • the information gathered will only be accessed by the specified authority and used only for the purposes for which permission was granted.

If the surveillance will not put the person at risk of criminal prosecution the state must establish before an independent court that:

  • less invasive investigative techniques have been considered;
  • the information accessed will be confined to what is reasonably relevant and any excess information will be destroyed or returned; and
  • the information gathered will only be accessed by the specified authority and used only for the purposes for which permission was granted.

Competent Judicial Authority

All determinations relating to surveillance should be made by a competent, impartial and independent court which is separate from the authority conducting the surveillance.

Due Process

In the determination of human rights everyone is entitled to a fair and public hearing. The mere risk of flight or destruction of evidence shall never be considered as sufficient to justify retroactive authorization.
User Notification

Users must be notified of a decision authorizing surveillance to enable them to appeal the decision. Delay in notification is justifiable if:

notification would would seriously jeopardize the purpose of the surveillance; or
authorization to delay is granted by the judicial authority; and
the individual is notified within a reasonably practical time period.

Transparency

States must be transparent about the use and scope of surveillance techniques used. States should publish transparency reports detailing the type and nature of surveillance, including the number of surveillance requests approved or rejected, in order for individuals to fully comprehend the scope, nature and application of the laws permitting surveillance.

Public Oversight

Independent oversight mechanisms, which has access to all potentially relevant state information including secret and classified information, must be established. This is to ensure that the state is acting within its lawful authority.

Integrity of Communications and Systems

States should not compel service providers or hardware or software providers to build in surveillance capabilities into their systems; compromising security for the state always compromises general security which would make these systems more vulnerable to attack by unauthorized third parties.

Service providers should not be compelled to collect information purely for state surveillance purposes.

Individuals have the right to express themselves anonymously, and states should not require service providers to identify their users as a precondition
for providing services.

Safeguards for International Cooperation

When concluding multinational mutual legal assistance treaties, states must ensure that when the laws of more than one state applies to the communication then the law which provides the greatest protection to the individual is applied. This prevents states from circumventing their own domestic legal restrictions.

Safeguards Against Illegitimate Access

Legislation criminalizing illegal surveillance by public and private persons, and providing for significant criminal and civil penalties if contravened, must be enacted.

Legal protection must be provided to whistle blowers.

Information obtained in contravention of the principles must be inadmissible as evidence in any proceedings.


This work by Clinton Pavlovic is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.