UN sets up privacy rapporteur role in wake of Snowden leaks

The United Nations human rights council is to establish the role of a rapporteur to cover privacy issues in a landmark decision that helps establish the idea that freedom from excessive surveillance is a fundamental right.

The move is a direct consequence of Edward Snowden’s revelations about the scale of electronic monitoring by the US National Security Agency (NSA) and Britain’s GCHQ.

The resolution, passed by the council in Geneva on Thursday, was spearheaded by Germany and Brazil, two of the countries where public debate over surveillance has been most intense as a consequence of the Snowden disclosures.

There had been concern that the US and the UK, both members of the 47-member council, might try to block the move or attempt to substantially change the language, but in the end the resolution was adopted by consensus, without a vote.

The rapporteur, who is set to be appointed in June, will have the remit to monitor, investigate and report on privacy issues and offer advice to governments about compliance. They will also look into alleged violations.

Although the right to privacy is enshrined in international law – it is set out in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights – it has largely been ignored and is low on the list of UN priorities.

The Snowden revelations changed this dynamic, producing a strong reaction in Germany, given its history of surveillance by the Stasi secret police and the disclosure that the NSA had hacked the mobile phone of the chancellor, Angela Merkel. In Brazil, the president, Dilma Rousseff, cancelled a visit to Washington in protest over spying on her country.

The resolution, “The right to privacy in the digital age”, notes that “the rapid pace of technological development enables individuals all over the world to use new information and communications technology and at the same time enhances the capacity of governments, companies and individuals to undertake surveillance, interception and data collection, which may violate or abuse human rights” and describes the issue as one of increasing concern. It expresses deep concern “at the negative impact that surveillance and/or interception of communications, including extraterritorial surveillance and/or interception of communications, as well as the collection of personal data, in particular when carried out on a mass scale, may have on the exercise and enjoyment of human rights”.

The campaign group Privacy International has been lobbying for such a resolution since 2013. Tomaso Falchetta, legal officer for PI, said: “Now, perhaps more than ever, we need a dedicated individual to hold those accountable who wish to violate privacy, whether it is through surveillance, indiscriminate data collection, or other techniques that infringe on this important right.”

Another privacy group, the Electronic Frontier Foundation, said the decision was a key step forward for the UNHRC. “It elevates the right to privacy to the priority level that the human rights council ascribes to most other human rights. Most importantly, it gives the right to privacy the international recognition and protection it deserves.”

However, the foundation said the resolution alone would not prevent countries from conducting mass surveillance.

“Now the onus rests on all of us to bring unchecked surveillance cases to the attention of the new special rapporteur.”

Rapporteurs are not UN staff members and are independent of the organisation after the initial appointment.