The Feasibility of Transatlantic Privacy-Protective Standards for Surveillance
International Journal of Law and Information Technology, 22, 3
18 Pages Posted: 8 May 2014 Last revised: 2 Sep 2014
Date Written: May 7, 2014
Abstract
This article analyses the feasibility of the adoption of specific, international human rights law-compliant, transatlantic standards on foreign surveillance, in the context of Edward Snowden’s revelations of large-scale surveillance programs operated by the US National Security Agency (NSA) and selected European intelligence services. The article describes examples of current good State practice, and options for setting standards for transatlantic data sharing, control of state interception and data monitoring capabilities, and oversight of intelligence agencies. It identifies relevant principles developed by civil society and industry groups that are leading political campaigns for reform, and the conditions under which these efforts are likely to succeed. It concludes by discussing the key intergovernmental forums where these standards could be considered.
Keywords: privacy, surveillance, interception, European Convention on Human Rights, Article 8, International Convention on Civil and Political Rights, Article 17
JEL Classification: K14, K33, K42, L96, O33
Suggested Citation: Suggested Citation