Surveillance by intelligence services – Volume II: field perspectives and legal update
in mind the ‘systems’ referred to by the European
Parliament in its 2014 resolution.76
While the FRA 2015 report describes the distinction
between targeted and untargeted surveillance in
detail,77 this report covers both types of surveillance
by intelligence services.
In the context of general surveillance of communications,
distinguishing between targeted and untargeted
surveillance can be problematic, given that a target can
be defined after collecting and filtering certain data.
This in turn raises the question of when an interference
with fundamental rights can be established.
76
77
32
European Parliament (2014), para. 1.
FRA (2015a), p. 17-18.
Notes on terminology
General surveillance of communications
Intelligence can be collected with technical means and at
large scale. This surveillance technique is referred to in
different ways, including ‘signals intelligence’, ‘strategic
surveillance’, ‘bulk investigatory powers’, ‘mass digital
surveillance’ and ‘storage of data on a generalised basis’.
Whenever possible, FRA uses the national laws’ terminology, but also uses – as a generic encompassing term –
‘general surveillance of communications’.
Targeted and untargeted surveillance
Based on whether or not a target exists, surveillance
measures can be divided into targeted and untargeted
surveillance. ‘Targeted surveillance’ presupposes the existence of prior suspicion of a targeted individual or organisation. ‘Untargeted surveillance’ starts without prior
suspicion or a specific target.