[InetBib] Fwd: [IFLA-L] IFLA Signs on to Major International Document regarding Human Rights and Surveillance

[Hermann Roesch <Hermann.Roesch@xxxxxxxxxxx>]

Liebe Kolleginnen und Kollegen,

die unten enthaltene Information scheint mir nicht nur aus aktuellem 
Anlass von Bedeutung...

Beste Grüße

Hermann Rösch


-------- Original-Nachricht --------
Betreff: 	[IFLA-L] IFLA Signs on to Major International Document 
regarding Human Rights and Surveillance
Datum:  Wed, 30 Oct 2013 13:57:42 +0000
Von:    Julia Brungs <Julia.Brungs@xxxxxxxx>



IFLA has become a signatory to the International Principles on the 
Application of Human Rights to Communications Surveillance 
<https://en.necessaryandproportionate.org/text>.

The Principles document is the product of a year-long negotiation 
process between Privacy International 
<https://www.privacyinternational.org/>, the Electronic Frontier 
Foundation <https://www.eff.org/>, Access <https://www.accessnow.org/>, 
Human Rights Watch <http://www.hrw.org/>, Reporters Without Borders 
<http://en.rsf.org/>, and the Association for Progressive Communications 
<http://www.apc.org/>. The document spells out how existing human rights 
law applies to modern digital surveillance and gives civil society 
groups, industry,  lawmakers and observers a benchmark for measuring 
states' surveillance practices against long-established human rights 
standards. It contains 13 principles which have now been endorsed by 
over 260 organizations from 77 countries, from Somalia to Sweden.

IFLA is working on library privacy issues as part of its Key Initiative 
1 activities, and during 2014 the FAIFE Committee 
<http://www.ifla.org/faife> will be working with the American Library 
Association, CILIP and other partners to reflect on and revise IFLA's 
existing policies, such as the IFLA Internet Manifesto. As recently 
discussed at the Internet Governance Forum in Bali 
<http://www.ifla.org/node/8092>, this year's revelations of government 
surveillance is creating a new environment for the discussion of human 
rights online. The library community must be prepared to engage in this 
discussion and ensure that fundamental library principles 
<http://www.ifla.org/news/ifla-code-of-ethics-for-librarians-and-other-information-workers-full-version> are 
upheld when we provide

Internet access to our users.

The Principles are available for signing by interested library 
associations and institutions. More information and the full version of 
the Principles can be found here: 
https://en.necessaryandproportionate.org/text

*Summary of the 13 principles:*

·Legality: Any limitation on the right to privacy must be prescribed by law.

·Legitimate Aim: Laws should only permit communications surveillance by 
specified State authorities to achieve a legitimate aim that corresponds 
to a predominantly important legal interest that is necessary in a 
democratic society.

·Necessity: Laws permitting communications surveillance by the State 
must limit surveillance to that which is strictly and demonstrably 
necessary to achieve a legitimate aim.

·Adequacy: Any instance of communications surveillance authorised by law 
must be appropriate to fulfill the specific legitimate aim identified.

·Proportionality: Decisions about communications surveillance must be 
made by weighing the benefit sought to be achieved against the harm that 
would be caused to users' rights and to other competing interests.

·Competent judicial authority: Determinations related to communications 
surveillance must be made by a competent judicial authority that is 
impartial and independent.

·Due process: States must respect and guarantee individuals' human 
rights by ensuring that lawful procedures that govern any interference 
with human rights are properly enumerated in law, consistently 
practiced, and available to the general public.

·User notification: Individuals should be notified of a decision 
authorising communications surveillance with enough time and information 
to enable them to appeal the decision, and should have access to the 
materials presented in support of the application for authorisation.

·Transparency: States should be transparent about the use and scope of 
communications surveillance techniques and powers.

·Public oversight: States should establish independent oversight 
mechanisms to ensure transparency and accountability of communications 
surveillance.

·Integrity of communications and systems: States should not compel 
service providers, or hardware or software vendors to build surveillance 
or monitoring capabilities into their systems, or to collect or retain 
information.

·Safeguards for international cooperation: Mutual Legal Assistance 
Treaties (MLATs) 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 users 
should apply.

·Safeguards against illegitimate access: States should enact legislation 
criminalising illegal communications surveillance by public and private 
actors.

Also see the webversion <http://www.ifla.org/node/8103>.

Julia Brungs

Policy and Projects Officer

International Federation of Library Associations and Institutions (IFLA)

P.O. Box 95312
2509 CH The Hague
Netherlands

Phone: 0031703140884

Email: Julia.brungs@xxxxxxxx <mailto:Julia.brungs@xxxxxxxx>



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