adopt
a recommendation to member States of the Council of Europe on secret
surveillance and human rights, particularly in the light of the
threats posed by new surveillance technologies and spyware, taking
due account of the highest international standards, the case law
of the European Court of Human Rights and the Protocol amending
the Convention for the Protection of Individuals with regard to Automatic
Processing of Personal Data (CETS No. 223, “Convention 108+”). The
recommendation should focus on:
1.1.1 the conditions for
the acquisition of spyware by member States’ government bodies and agencies;
1.1.2 the conditions for the use of spyware technologies for
law-enforcement and national security purposes;
1.1.3 the conditions for the sale and export of spyware technologies
to third countries;
1.1.4 authorisation procedures, judicial supervision and oversight
mechanisms, notification mechanisms and remedies applicable to the
use of spyware by State authorities;
1.1.5 accountability mechanisms in cases of unlawful use of
spyware;
1.1.6 human rights due diligence standards for spyware companies;
1.1.7 the transnational aspect of digital surveillance and the
use of spyware;
1.1.8 the role of national parliaments;
