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

See all articles by Ian Brown

Ian Brown

affiliation not provided to SSRN

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

Brown, Ian, The Feasibility of Transatlantic Privacy-Protective Standards for Surveillance (May 7, 2014). International Journal of Law and Information Technology, 22, 3. Available at SSRN: https://ssrn.com/abstract=2433912 or http://dx.doi.org/10.2139/ssrn.2433912

Ian Brown (Contact Author)

affiliation not provided to SSRN

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