The Right to Privacy in Thailand: Privacy International Submission to Human Rights Committee 7. Recommendations Based on the above observations and those contained in the 2016 Submission, Privacy International proposes the following recommendations to the Thai government: • Review the laws governing surveillance in Thailand, notably the Computer Related Crime Act, to ensure they comply with the International Covenant on Civil and Political Rights, including article 17. • Ensure that all communication interception activities are only carried out on the basis of judicial authorization, and that the communications interception regime complies with the principles of legality, proportionality and necessity. • Refrain from imposing indiscriminate obligations to retain communications data on companies and ensure that request to access of communications data is authorised by a judicial authority. • Do not impose unlawful restrictions on the use of encryption and anonymity tools. Blanket prohibitions are neither necessary nor proportionate, and thus cannot comply with human rights law. The use of encryption promotes secure, private and free communications, facilitating the realisation of rights to privacy and expression. • Avoid all measures that weaken the security that individuals may enjoy online, such as the use of downgrade attacks that attempt to circumvent encryption on communications tools. 
 • Prevent arbitrary invasion of privacy, freedom of expression and peaceful assembly through the use of IMSI catchers. Government’s use of IMSI catchers must be prescribed by law and limited to what necessary and proportionate to achieve a legitimate aim. • Remove legal restrictions that prevent telecommunications companies from being transparent in their reporting about the requests they receive regarding access to user data, or discussing security issues. 8

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