Report on Encryption, Anonymity and the Human Rights Framework, A/HRC/29/32
The Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression addresses the use of encryption and anonymity in digital communications. It draws on research on international and national norms and jurisprudence, as well as the input of States and civil society.
According to the Report, the human rights legal framework for encryption and anonymity requires, first evaluating the scope of the rights at issue and their application to encryption and anonymity; and second, assessing whether restrictions may be lawfully placed on the use of technologies that promote and protect the rights to privacy and freedom of opinion and expression and if so, to what extent.
It notes that encryption and anonymity provide individuals and groups with a zone of privacy online to hold opinions and exercise freedom of expression without arbitrary and unlawful interference or attacks. Restrictions on encryption and anonymity, as enablers of the right to freedom of expression, must meet the well-known three-part test:
- Any limitation on expression must be provided for by law.
- May only be imposed for legitimate grounds.
- Must conform to the strict tests of necessity and proportionality.
The report concludes that encryption and anonymity enable individuals to exercise their rights to freedom of opinion and expression in the digital age and, as such deserve strong protection.