UN Convention Provides Model for Cyber Crimes Law that Respects Human Rights
A new convention has been hailed as a model for countries seeking to develop cyber crimes laws that comply with international human rights standards.
Importance of Protecting Individuals’ Right to Privacy and Freedom from Interference
The convention sets out guidelines for the interception of communications, emphasizing the importance of protecting individuals’ right to privacy and freedom from arbitrary or unlawful interference. Article 17 of the International Covenant on Civil and Political Rights (ICCPR) states that individuals have the right to be free from “arbitrary or unlawful interference with his privacy, family, home or correspondence.”
UN Human Committee’s Requirements for Interference with Right to Privacy
The UN Human Committee has stated that any interference with this right must be authorized by law, which must comply with the provisions, aims, and objectives of the ICCPR. The committee also emphasized that the integrity and confidentiality of correspondence should be guaranteed in both law and practice.
Permissible Limitations Test for Infringement on Right to Privacy
The convention highlights the need for any infringement on the right to privacy to meet the “permissible limitations test,” which requires that it:
- Be prescribed by law
- Be necessary for a legitimate aim
- Be proportionate to the aim pursued
- Be based on a warrant issued by a judge, following a showing of probable cause or reasonable grounds
Importance of Protecting Freedom of Expression
The convention’s provisions are seen as crucial in protecting individuals’ right to freedom of expression, which is essential for democratic participation and social change. The UN Special Rapporteur on Freedom of Opinion and Expression has warned that excessive surveillance can have a “chilling effect” on online activity, deterring people from expressing their opinions or communicating with others.
Promoting Accountability and Transparency in Government
The convention’s emphasis on protecting privacy and freedom of expression is also seen as crucial in promoting accountability and transparency in government. The UN General Assembly Resolution on the Situation of Human Rights in Iran, passed in November 2009, condemned Iran’s human rights record, including its abuse of freedom of opinion and expression.
Conclusion
The convention’s provisions are seen as a model for countries seeking to develop cyber crimes laws that balance security concerns with human rights protections. By prioritizing privacy and freedom of expression, governments can promote accountability, transparency, and social change while also protecting individuals from arbitrary or unlawful interference.