Dr Mario Oetheimer Civil Society Days 2018 Brussels, 24-25 May 2018 Surveillance by intelligence services: safeguarding privacy through effective oversight Key findings of the FRA 2017 surveillance report Dr Mario Oetheimer Civil Society Days 2018 Brussels, 24-25 May 2018

Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU Volume I: Member States’ legal frameworks Volume II: field perspectives and legal update

FRA opinions Legality Providing for a clear legal framework Ensuring broad consultation and openness during the legislative process Oversight Providing independent intelligence oversight Bolstering oversight with sufficient powers, competence and expertise Ensuring oversight bodies’ openness to public scrutiny Fostering continuity of oversight Remedies Providing for effective remedies before independent bodies with remedial powers Ensuring a high level of expertise among remedial bodies

Modalities of Oversight Supporting other human rights actors Ensuring efficient whistleblower protection

How do DPAs work with Expert Bodies? Specialised expert bodies DPA with same powers* DPA with limited powers DPA with no powers DK LU AT BG IE*** BE DE MT*** PT** HR SE** UK EL** FR NL No specialised expert bodies CY** IT FI** HU CZ EE ES LT PL RO SK LV SI * As over other data controllers ** Non-specialised parliamentary committee *** No committee

Oversight features Independence Powers and competence Public scrutiny “The oversight body must be able to work independently, full-time, it must be able to specialise and choose its own staff” - Expert body Powers and competence “The oversight body needs to have access to the algorithms and to the strategies behind those algorithms” -Expert body Public scrutiny “But when it comes to the substantive issues, let’s say: what have we learned from the [expert body]? How many interceptions have there been? Not just how many times did we meet, but what was the substance of that discussion. Were there any novel decisions? Were there any novel technologies that came to our attention? I want to know about this” - Civil society organisation

Thank you for your attention! Mario Oetheimer @MOetheimerFRA Mario.Oetheimer@fra.europa.eu How to register to the Platform: http://fra.europa.eu/en/cooperation/civil-society/how-to-register