Targeted surveillance (or targeted interception) is a form of surveillance, such as wiretapping, that is directed towards specific persons of interest, and is distinguishable from mass surveillance (or bulk interception). Both untargeted and targeted surveillance is routinely accused of treating innocent people as suspects in ways that are unfair, of violating human rights, international treaties and conventions as well as national laws,[1] and of failing to pursue security effectively.[2]
A 2014 report to the UN General Assembly by the United Nations' top official for counter-terrorism and human rights condemned mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. The report also makes a distinction between "targeted surveillance" - which "depend[s] upon the existence of prior suspicion of the targeted individual or organization" — and "mass surveillance", by which "states with high levels of Internet penetration can [...] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites".[3]
The United Kingdom's House of Lords also distinguishes between these two broad types of surveillance:[4]
Mass surveillance is also known as “passive” or “undirected” surveillance. [...] It is not targeted on any particular individual but gathers images and information for possible future use. CCTV and databases are examples of mass surveillance.
Targeted surveillance is surveillance directed at particular individuals and can involve the use of specific powers by authorised public agencies. Targeted surveillance can be carried out overtly or covertly, and can involve human agents. Under the Regulation of Investigatory Powers Act 2000 (RIPA), targeted covert surveillance is “directed” if it is carried out for a specific investigation or operation. By comparison, if it is carried out on designated premises or on a vehicle, it is “intrusive” surveillance. Targeting methods include the interception of communications, the use of communications “traffic” data, visual surveillance devices, and devices that sense movement, objects or persons.
Only targeted interception of traffic and location data in order to combat serious crime, including terrorism, is justified, according to a decision by the European Court of Justice.[5][6][7][8]
^*Harding, Luke (26 January 2015). "Mass surveillance is fundamental threat to human rights, says European report". The Guardian. Retrieved 2 January 2017.
Simon, Joel (17 June 2015). "Why Mass Surveillance Violates International Law". Slate. Retrieved 2 January 2017.
"The Members States may not impose a general obligation to retain data on providers of electronic communications services" (PDF). Court of Justice of the European Union. Retrieved 2 January 2017.
Dunn, John E. (22 December 2016). "Government's "general and indiscriminate" data collection ruled unlawful". Naked Security. Retrieved 2 January 2017.
McCarthy, Kieren. "European human rights court rules mass surveillance illegal". The Register.
"European Court Of Justice Rules Against UK's Mass Surveillance Program". Techdirt. 21 December 2016. Retrieved 2 January 2017.
"U.K. spying law ruled 'illegal' under European law". The Daily Dot. 21 December 2016. Retrieved 2 January 2017.
Ackerman, Spencer; Roberts, Dan (16 December 2013). "NSA phone surveillance program likely unconstitutional, federal judge rules". The Guardian. Retrieved 2 January 2017.
"NSA's phone spying program ruled illegal by appeals court". Reuters. 7 March 2017. Retrieved 8 January 2017.
"Debate: Does Mass Phone Data Collection Violate The 4th Amendment?". NPR.org. NPR. Retrieved 2 January 2017.
Biermann, Kai (16 September 2016). "Internetüberwachung: Erstes Unternehmen verklagt den BND". Die Zeit. Retrieved 2 January 2017.
"ROG-Klage gegen den Bundesnachrichtendienst - Hinweise auf größeren Umfang der Überwachung". finanzen.net. Retrieved 2 January 2017.
"Bundesverwaltungsgericht lehnt Klagen gegen BND teilweise ab" (in German). heise online. Retrieved 2 January 2017.
Reinsch, Melanie. "Massenüberwachung: Journalistenorganisation verklagt BND". Berliner Zeitung (in German). Retrieved 2 January 2017.
"UN Says Mass Surveillance Violates Human Rights". Techdirt. 17 October 2014. Retrieved 2 January 2017.
"Does government spying violate human rights law? - Right Now". Right Now. 11 March 2014. Retrieved 2 January 2017.
^Hadjimatheou, Katerina (1 January 2014). "The Relative Moral Risks of Untargeted and Targeted Surveillance". Ethical Theory and Moral Practice. 17 (2): 187–207. doi:10.1007/s10677-013-9428-1. S2CID 144516798. Retrieved 2 January 2017.
^Greenwald, Glenn (15 October 2014). "UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights". The Intercept. Retrieved 2 January 2017.
^"Surveillance: Citizens and the State - Constitution Committee". House of Lords. Retrieved 2 January 2017.
^Cite error: The named reference theguardian1 was invoked but never defined (see the help page).
^"European court's snooping judgment 'bolsters privilege'". Law Society Gazette. Retrieved 3 January 2017.
^Bowcott, Owen (21 December 2016). "EU's highest court delivers blow to UK snooper's charter". The Guardian. Retrieved 3 January 2017.
^Heathman, Amelia (21 December 2016). "EU court deals major blow to UK's controversial snooper's charter". Wired UK. Retrieved 3 January 2017.
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