The feasibility of transatlantic privacy-protective standards for surveillance

Abstract

This article analyses the feasibility of the adoption of specific, international human rights law-compliant, transatlantic standards on foreign surveillance, in the context of Edward Snowden’s revelations of large-scale surveillance programmes operated by the US National Security Agency (NSA) and selected European intelligence services. The article describes examples of current good State practice, and options for setting standards for transatlantic data sharing, control of state interception and data monitoring capabilities, and oversight of intelligence agencies. It identifies relevant principles developed by civil society and industry groups that are leading political campaigns for reform, and the con- ditions under which these efforts are likely to succeed. It concludes by discussing the key intergovernmental forums where these standards could be considered.