The use of the Internet

14
THE USE OF THE INTERNET FOR TERRORIST PURPOSES
this varies greatly from country to country depending on differing cultural and legal
histories. 26 The right to freedom of association is similarly a qualified right, which may
be subject to narrowly construed limitations and derogations.
35. Countering terrorist use of the Internet may involve the surveillance and collection
of information relating to suspects. Due regard should be given to protecting persons
against arbitrary or unlawful interference with the right to privacy, 27 which includes the
right to privacy of information about an individual’s identity as well as his or her private
life. Domestic laws must be sufficiently detailed regarding, inter alia, the specific circumstances
in which such interference may be permitted. Appropriate safeguards must
also be in place to prevent abuse of secret surveillance tools. Further, any personal data
collected must be adequately protected to ensure against unlawful or arbitrary access,
disclosure or use. 28
36. Guaranteeing due process rights is critical for ensuring that counter-terrorism
measures are effective and respect the rule of law. Human rights protections for all
persons charged with criminal offences, including terrorism-related crimes, include the
right to be presumed innocent, the right to a hearing with due guarantees and within
a reasonable time by a competent, independent and impartial tribunal and the right to
have a conviction and sentence reviewed by a higher tribunal that meets the same
standards. 29
37. For a more detailed analysis of the issues highlighted in the present section and
other relevant considerations, please see, for example, Fact Sheet No. 32 of the Office
of the United Nations High Commissioner for Human Rights on “Human rights, terrorism
and counter-terrorism”, the report of the United Nations High Commissioner
for Human Rights on the protection of human rights and fundamental freedoms while
countering terrorism (A/HRC/16/50) and the following reports of the Special Rapporteur
on the promotion and protection of human rights and fundamental freedoms while
countering terrorism: ten areas of best practices in countering terrorism (A/HRC/16/51);
and compilation of good practices on legal and institutional frameworks and measures
that ensure respect for human rights by intelligence agencies while countering terrorism,
including on their oversight (A/HRC/14/46).
26 Organization for Security and Co-operation in Europe, Office for Democratic Institutions and Human Rights,
“Human rights considerations in combating incitement to terrorism and related offences”, background paper prepared
for the expert workshop on “Preventing terrorism: fighting incitement and related terrorist activities”, held in Vienna
on 19 and 20 October 2006, sects. 3 and 4.
27 See International Covenant on Civil and Political Rights, art. 17.
28 “Human rights, terrorism and counter-terrorism”, chap. III, sect. J.
29 Ibid., chap. III, sect. F.