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SZABÓ AND VISSY v. HUNGARY JUDGMENT
use of these technologies considering their ability to facilitate systematic human rights
violations.
E. Furthering the assessment of relevant international human rights obligations
98. There is a significant need to advance international understanding on the
protection of the right to privacy in light of technological advancements. The Human
Rights Committee should consider issuing a new General Comment on the right to
privacy, to replace General Comment No. 16 (1988).
99. Human rights mechanisms should further assess the obligations of private actors
developing and supplying surveillance technologies.”
25. The European Parliament resolution of 12 March 2014 on the US
NSA surveillance programme, surveillance bodies in various Member States
and their impact on EU citizens’ fundamental rights and on transatlantic
cooperation in Justice and Home Affairs contains the following passages:
The impact of mass surveillance
“...
G. whereas the revelations since June 2013 have caused numerous concerns within
the EU as to: ...
- the possibility of these mass surveillance operations being used for reasons other
than national security and the fight against terrorism in the strict sense, for example
economic and industrial espionage or profiling on political grounds;
- the undermining of press freedom and of communications of members of
professions with a confidentiality privilege, including lawyers and doctors;
- the respective roles and degree of involvement of intelligence agencies and private
IT and telecom companies;
- the increasingly blurred boundaries between law enforcement and intelligence
activities, leading to every citizen being treated as a suspect and being subject to
surveillance;
- the threats to privacy in a digital era and the impact of mass surveillance on
citizens and societies;
...
T. whereas fundamental rights, notably freedom of expression, of the press, of
thought, of conscience, of religion and of association, private life, data protection, as
well as the right to an effective remedy, the presumption of innocence and the right to
a fair trial and non-discrimination, as enshrined in the Charter of Fundamental Rights
of the European Union and in the European Convention on Human Rights, are
cornerstones of democracy; whereas mass surveillance of human beings is
incompatible with these cornerstones;
...
Democratic oversight of intelligence services
BW. whereas intelligence services in democratic societies are given special powers
and capabilities to protect fundamental rights, democracy and the rule of law, citizens’
rights and the State against internal and external threats, and are subject to democratic