1. 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, May 2018

2. 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

3. 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

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

5. 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

6. 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

7. Thank you for your attention!
Mario Oetheimer
@MOetheimerFRA
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