data localisation requirements, unless such measures are
justifiable and compatible with international human rights law
and standards.
Principle 41. Privacy and communication surveillance
1.
States shall not engage in or condone acts of indiscriminate and
untargeted collection, storage, analysis or sharing of a person’s
communications.
2.
States shall only engage in targeted communication surveillance
that is authorised by law, that conforms with international
human rights law and standards, and that is premised on
specific and reasonable suspicion that a serious crime has been
or is being carried out or for any other legitimate aim.
3.
States shall ensure that any law authorising targeted
communication surveillance provides adequate safeguards for
the right to privacy, including:
a.
b.
c.
d.
e.
f.
the prior authorisation of an independent and impartial judicial
authority;
due process safeguards;
specific limitation on the time, manner, place and scope of the
surveillance;
notification of the decision authorising surveillance within a
reasonable time of the conclusion of such surveillance;
proactive transparency on the nature and scope of its use; and
effective monitoring and regular review by an independent
oversight mechanism.
Principle 42. Legal framework for the protection of personal
information
1.
States shall adopt laws for the protection of personal
information of individuals in accordance with international
human rights law and standards.
2.
The processing of personal information shall by law be:
a.
b.
c.
d.
e.
f.
with the consent of the individual concerned;
conducted in a lawful and fair manner;
in accordance with the purpose for which it was collected, and
adequate, relevant and not excessive;
accurate and updated, and where incomplete, erased or rectified;
transparent and disclose the personal information held; and
confidential and kept secure at all times.
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