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CYIL 7 ȍ2016Ȏ
DIGITAL ASPECTS OF THE RIGHT TO PRIVACY ȃ SURVEILLANCE ISSUES
such treatment remain. Should the mass surveillance system even have the slightest
possibility to fulfill legal and legitimate requirements imposed upon the States by
the right to (digital) privacy, it must be established in clear and accessible law, have
very strict conditions of use and, very importantly, there must be an effective remedy
established for anyone subjected to mass surveillance.
The amount of data stored as a result of mass surveillance is huge, and so also the
number of those subjected to it. The current system of providing effective remedy
for violations of human rights is incapable of addressing such a number of claims.
Together with the calls of several governments to amend international treaties to
make clear that the right to privacy has its digital aspect, it would be desirable to
amend the review system for such situations as well.