Thailand: Computer Crime Act, 2017 In terms of surveillance (within the context of terrorism in this instance), he defined the parameters of the scope of legitimate restrictions on the right to privacy in the following terms: States may make use of targeted surveillance measures, provided that it is case-specific interference, on the basis of a warrant issued by a judge on the showing of probable cause or reasonable grounds. There must be some factual basis, related to the behaviour of an individual, which justifies the suspicion that he or she may be engaged in preparing a terrorist attack.34 The Special Rapporteur on FOE has also observed that: The right to privacy can be subject to restrictions or limitations under certain exceptional circumstances. This may include State surveillance measures for the purposes of the administration of criminal justice, prevention of crime or combatting terrorism. However, such interference is permissible only if the criteria for permissible limitations under international human rights law are met. Hence, there must be a law that clearly outlines the circumstances, and measures encroaching upon this right must be taken on the basis of a specific decision by a State authority expressly empowered by law to do so, usually the judiciary, for the purpose of protecting the rights of others, for example to secure evidence to prevent the commission of a crime, and must respect the principle of proportionality.35 Anonymity and encryption The protection of anonymity is a vital component in protecting the right to freedom of expression as well as other human rights, in particular the right to privacy. A fundamental feature enabling anonymity online is encryption.36 Without the authentication techniques derived from encryption, secure online transactions and communication would be impossible. The right to online anonymity has so far received limited recognition under international law. Traditionally, the protection of anonymity online has been linked to the protection of the right to privacy and personal data. In May 2015, the Special Rapporteur on FOE published his report on encryption and anonymity in the digital age.37 The report highlighted the following issues in particular: Encryption and anonymity must be strongly protected and promoted because they provide the privacy and security necessary for the meaningful exercise of the right to freedom of expression and opinion in the digital age;38 Anonymous speech is necessary for human rights defenders, journalists, and protestors. He noted that any attempt to ban or intercept anonymous communications during protests was an unjustified restriction to the right to freedom of peaceful assembly under 34 Ibid., para 21. 35 Report of the UN Special Rapporteur on Freedom of Expression, Frank LaRue, A17/27, 17 May 2011, para 59. Encryption is readable by -party access or manipulation; see e.g. SANS Institute, History of encryption, 2001. 37 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye A/HRC/29/32, 22 May 2015. 38 Ibid, paras 12,16 and 56. 36 ARTICLE 19 Free Word Centre, 60 Farringdon Rd, London EC1R 3GA Page 11 of 24 www.article19.org +44 20 7324 2500