252. A s the Special Rapporteur on the promotion and protection of the right to free- dom of opinion and expression has pointed out, the private sector has played a key role in facilitating state surveillance – sometimes as a result of pressure from the authorities, and sometimes voluntarily.373 In some cases, as the Special Rapporteur has noted, the private sector has been complicit in developing technologies that enable invasive surveillance in contravention of legal standards.374 Accordingly, he has called on states to refrain from forcing the private sector to implement measures that compromise the privacy, security and anonymity of communication services, and to take measures “to prevent the commercialization of surveillance technologies, paying particular attention to research, development, trade, export and use of these technologies considering their ability to facilitate systematic human rights violations.”375 In accordance with the UN Guiding Principles on Business and Human Rights, participating States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations.376 The Council of Europe Committee of Ministers has encouraged states to bear the risks of digital tracking and other surveillance technologies in mind in their bilateral discussions with third countries, and, where necessary, consider the introduction of suitable export controls to prevent the misuse of technology in order to undermine human rights standards.377 In light of the increasing risks in this area, participating States should also support initiatives by human rights defenders that aim to strengthen the knowledge and capacity to enhance the safety of their electronic communications. 253. Concerning the use of materials obtained during surveillance, search or seizure, information or data obtained through unlawful or arbitrary interferences with a human rights defender’s private life should, in general, be inadmissible for use in legal proceedings against them. While noting that the European Court of Human 373  See HRC/C/23/40, paras. 73 and 74. See also the Introductory Memorandum of the PACE Rapporteur, “’Massive eavesdropping’ and the ‘Additional Protocol to the ECHR on Protection of whistleblowers’, Introductory memorandum by the Rapporteur Pieter Omtzigt”, Netherlands, AS/JUR (2014) 02, 23 January 2014, para. 27. The concern about complicity of private actors is particularly pertinent in relation to instances where surveillance functions had been outsourced to private businesses; ibid. para. 52. 374  See HRC/C/23/40, para. 75. Similarly, the Council of Europe Commissioner referred to reports about the installation of technology by a Swedish telecommunications company that enabled law enforcement officials in Azerbaijan to monitor all mobile phone communications, including text messages, Internet activities, and phone calls, without any judicial oversight; see “Report by Nils Muižnieks, Commissioner for Human Rights of the Council of Europe, Following his visit to Azerbaijan from 22 to 24 May 2013”, CommDH(2013)14, 6 August 2013, para. 42. 375  See A/HRC/C/23/40, paras. 96 and 97. 376  In this context, participating States should also set out clearly and publicly that human rights defenders perform an important role in society and thus recognize their status and the legitimacy of their work. On the importance of public recognition, as well as the role of non-state actors and the UN Guiding Principles on Business and Human Rights, see the section on General Principles above. In addition, the European Commission published a handbook for ICT companies that provides detailed sector-specific guidance on corporate responsibility to respect human rights as set out in the UN Guiding Principles on Business and Human Rights. See European Commission, “The ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights”, <http://ec.europa.eu/enterprise/policies/sustainable-business/files/csr-sme/csr-ict-hr-business_en.pdf>. 377  See “Declaration of the Committee of Ministers on Risks to Fundamental Rights stemming from Digital Tracking and other Surveillance Technologies”, adopted on 11 June 2013, para. 8. Guidelines on the Protection of Human Rights Defenders 117