As state digital surveillance operations become increasingly normalized, and the private sector servicing such operations expands, we must urgently consider the fundamental question of surveillance legitimacy under international human rights law. This discussion will explore the essential components of a human rights law-compliant surveillance regime, and assess existing gaps and challenges, drawing on the jurisprudence of the Inter-American Court of Human Rights and other international normative developments. It will highlight in particular the crucial role of transparency.

Sarah McKune, U.S. lawyer and independent consultant with expertise in international human rights law and the human rights impacts of digital surveillance technologies, in conversation with BRSL’s Dr. Elaine Korzak.