The principles were drafted at a meeting of civil society groups and industry in Brussels to address concerns relating to the expansion lawful access.
Privacy is a fundamental human right, and is central to the maintenance of democratic societies. It is essential to human dignity and it reinforces other rights, such as freedom of expression and association, and is recognised as a fundamental human right under international human rights law(1). Activities that are contrary to the right to privacy, including the surveillance by public authorities of personal communications, can only be justified where they are prescribed by law, necessary for a legitimate aim, and strictly proportionate(2) (show more).
It is therefore necessary that governments, international organisations, civil society and private service providers articulate baseline principles establishing the necessary level of protection for digital communications and communications metadata to match the goals articulated in those international instruments a democratic society governed by the rule of law. The purpose of these principles is to:
* Provide guidance for legislative changes and advancements related to communications and communications metadata to ensure that pervasive use of modern communications technology does not result in a drastic erosion of everyone's privacy.
* Establish appropriate safeguards to regulate access by public authorities (government agencies, departments, intelligence services or law enforcement agencies) to communications and communications metadata about an individual's use of an electronic service or communication media.
With these principles we seek only to establish the base level of protections that we expect in surveillance laws. We call on governments to establish even stronger protections as required by their constitutions and human rights obligations, or as they recognize that technological changes or other factors require increased protection.