The annual report of the Special Rapporteur on freedom of expression, David Kaye, is now available online.
In his first report to the Human Rights Council, the Special Rapporteur addresses two linked questions: First, do the rights to privacy and freedom of opinion and expression protect secure online communication, specifically by encryption or anonymity? And second, assuming an affirmative answer, to what extent may governments, consistent with human rights law, impose restrictionson encryption and anonymity? The report seeks to answer these questions, review examples of State practice, and propose recommendations.
In preparing this study, the Special Rapporteur circulated a questionnaire to States, seeking relevant information on their domestic laws, regulations, policies or practices. As of 01 April, sixteen States responded to this request. The Special Rapporteur also issued a call for submissions from non-governmental stakeholders and convened an experts meeting in Geneva in March 2015. The responses from Governments and the submissions by civil society organizations and individuals contributed significantly to the preparation of this report.
The Special Rapporteur also prepared an additional companion document providing additional sources for those interested in additional research that supports the conclusions drawn in the report.