    Are ‘case-specific’ the result of a warrant issued by a judge,832 show probable cause or reasonable grounds, have a factual basis which relates to the behaviour of the individual and which justifying the suspicion that he or she is involved in, for example, preparing a terrorist attack.833 31. States should adopt comprehensive data protection and privacy laws and establish strong independent oversight bodies to review surveillance techniques.834 32. The Special Rapporteur has recommended that any surveillance techniques should follow a number of principles:835      They should be the least intrusive measure possible; States should provide a legal base for reuse of information which must be in accordance with international human rights standards; There should be effective independent oversight; There should be transparency regarding the use of surveillance techniques. This includes that the public be able to access laws and regulations on surveillance programmes.836 Effective modernization: states should reflect changes in technology in their laws and policies. 33. Those such as journalists or civil society who distribute information on surveillance programmes should be protected from punishment and abuse. 837 34. The burden of proof will normally rest on the applicant alleging the violation. However, if the individual was unable to prove the facts due to secret surveillance techniques on the part of the State, conclusions could be drawn. 838 F. Searches and seizure 35. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has raised concerns that States have increased their use of stop and search powers in order to conduct 832 European Court, Imakayeva v Russia, 9 February 2007. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, A/HRC/10/3, para 30. 834 Human Rights Committee, General Comment No.16, HRI/GEN/1/Rev.6 at 142 (2003). 835 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, A/HRC/13/37, paras 49-57. 836 Joint Declaration on Surveillance Programs and their impact on freedom of expression, UN Special Rapporteur on the protection and promotion of the right to freedom of opinion and expression, Special Rapporteur for freedom of expression of the Inter-American Commission, 21 June 2013, para 12. 837 Ibid, paras 15-17. 838 Inter-American Court, Escher et al. v. Brazil, 6 July 2009, Series C, No. 200, paras. 127-128. 833 135