The Information Commissioner of Canada
112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, K1A 1H3

June 9, 2009

Dear Commissioner,

New telecommunications laws and technologies adopted by countries around the world increasingly allow for legal and illegal surveillance and significantly affect the ability of journalists to pursue investigations and receive information from confidential and other sources. They also inhibit individuals from being able to seek and receive information.

The problems include:

- Journalists in dozens of countries are the targets of illegal or unregulated surveillance by governments to identify their current and future activities and their sources of information. Companies are also using technical means to monitor journalists and their sources.

- A significant number of countries have adopted new laws that allow for the surveillance of communications in the name of fighting terrorism or protecting public order which do not provide for adequate limits or oversight.

- "Data retention" and cybercrime laws mandate the collection and retention of all telecommunications transactional data including email records, mobile telephone location, instant messaging and SMSs, and web searches without regard to actual specific investigations. These laws often do not limit how the information collected is to be used. They also facilitate the technical interception of communications which allow for increased legal and illegal use of the technique.

- Mandatory registration in telecommunications networks and other means of access such as cybercafés affect persons' right to seek and receive information.

Recently, these problems are increasingly being recognised by human rights bodies such as the Council of Ministers of the Council of Europe but this recognition needs to be implemented into national laws and practices.

Resolution:

We the undersigned free expression organisations call on governments to fully recognize that under existing international law all persons have a right to privately communicate without interference except in the most limited circumstances and recognize that j ournalists have a fundamental right to protection of sources which should not be undermined by surveillance. No surveillance should be conducted without legal authority.

Governments should not adopt laws for anti-terrorism or protection of public order or security which allow for surveillance of communications or obtaining telecommunications records without adequate legal process and oversight which respects the fundamental human rights of free expression and privacy of communications.

Governments should not require that telecommunications providers routinely collect and retain records of all users' activities.

Governments should not require that all persons are required to pre-register or identify themselves before they are allowed to use telecommunications networks.

Governments should review and revise as necessary existing legislation to ensure that rights are protected.

Signed,
Privacy International
6-8 Amwell Street
London EC1R 1UQ
United Kingdom
privacyint (@) privacy.org
Phone: +44 20 8123 7933
Fax: +44 20 7278 7660

ARTICLE 19: Global Campaign for Free Expression
Associação Brasileira de Jornalismo de Investigação
Canadian Journalists for Free Expression
Cartoonists Rights Network International
Center for Journalism in Extreme Situations
Centre algérien pour la défense et la promotion de la liberté de la presse
Centre for Independent Journalism
National Center for Social Communication
Foro de Periodismo Argentino
Freedom House
Freedom of Expression Institute
Globe International
Independent Journalism Center
Index on Censorship
Institute for Reporters' Freedom and Safety
International Federation of Journalists
Journaliste en danger
Media Foundation for West Africa
Media Institute
Media Institute of Southern Africa
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Observatorio Latinoamericano para la Libertad de Expresión
Observatoire pour la liberté de presse, d'édition et de création
Pacific Freedom Forum
Pakistan Press Foundation
Public Association "Journalists"
Sindicato de Periodistas del Paraguay