Annex to Recs  Areas of Current International and National Debate on Lawful Interception: • Many countries require a higher degree of authorisation for access to communications content than they do to access communications data or metadata. Metadata / communications data can give more insight into a person’s life than was historically the case with simple telephone call and duration information, for example, mobile location data. This has resulted in an active debate about whether this lower level of protection that is given to communications data or metadata is still appropriate. Some countries have recommended the consideration of a third category of data, in addition to communications content and metadata/communications data. This proposed third category would give greater protection to certain types of communications data considered more sensitive, such as websites visited and a user's location from a smartphone. • The leaks from Edward Snowden regarding the surveillance activities of the US National Security Agency (NSA) and the UK Government Communications Headquarters (GCHQ) have put the spotlight on “mass surveillance.” There is no international agreement on what this term means in different jurisdictions. At the UN level there is serious concern about communications surveillance authorised on such a broad and indiscriminate basis. This runs counter to the core concept of the protection of privacy that requires justification to be made on a case-by-case basis. • The issue of whether nationals of a particular country should enjoy higher protection than non-nationals is a current debate. The International Covenant on Civil and Political Rights (ICCPR) by its terms provides protection to all, without distinction based on nationality. • Laws that authorise extra-territorial surveillance or the interception of communications in foreign jurisdictions are problematic, for example because of an individual’s inability to know if they are subject to surveillance and therefore potentially seek redress. 40 PAGE ANNEX TO THE RECOMMENDATIONS: LAWFUL INTERCEPTION AND GOVERNMENT ACCESS TO USER DATA

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