The extraterritorial reach of ICCPR in the era of digital surveillance

Abstract

Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. Mass surveillance is criticized for violating right to privacy, other civil and political rights and freedoms, and being illicit under various legal systems, even the principle of non-intervention. Privacy International's 2007 survey, covering 47 countries, indicated that there had been an increase in surveillance and a decline in the performance of privacy safeguards. Eight countries were rated as being “endemic surveillance societies”. On 12 March 2013 Reporters Without Borders published a Special report on Internet Surveillance. The report included a list of "State Enemies of the Internet", countries whose governments are involved in active, intrusive surveillance of news providers, resulting in grave violations of freedom of information and human rights. Hence, since electronic surveillance is commonplace, human right treaties should be interpreted in accordance with recent developments. ICCPR is not an exception either. The further justification of the paper is demonstrated in justification part. The paper’s methodology is illustrated in its structure. Each chapter is a unique tool and method for answering the research question. The paper’s scope is limited to analysis of the application of ICCPR in cases of electronic surveillances, mainly with regards to right to privacy both in cases of mass electronic surveillance including the whole population and people whose privacy is limited by virtue of their profession. This paper is going to be an independent study and is not limited to answer the question in a positive or negative way. The paper will also address the issue of legality of interferences with the right to privacy enshrined in ICCPR and study the minimum safeguards of mass surveillance programs.