Part 1 33 In order to protect both the effectiveness of the techniques and the human rights of the subjects, the number of people who are privy both to the methods themselves and to the fact that they are being used in a particular case should be minimized. Those who are aware of the methods and their use in a particular case should be security vetted. Great care should be exercised in handling and using information of a confidential nature or related to the private life of the subjects. Such information should be kept confidential and may be disclosed only if the performance of police duty or the needs of justice so require. 43 44 The human rights concerns surrounding some common SITs need to be carefully examined. Including: • Prohibition of discrimination; • Right to a fair trial; • Respect for private and family life; • Freedom of thought, conscience, religion or belief; • Freedom of expression; and • Freedom of association and the right of peaceful assembly. 44 1.2.1 Surveillance Human rights concerns arise in the course of both covert and overt surveillance. Covert surveillance is carried out in a manner designed to ensure that (a) person(s) who is/are subject to it is/are unaware that it is taking place. This is because it is likely to obtain private information about individuals – both the subject and, indirectly, other people with whom the subject comes into contact and who may be innocent parties. None of these persons are in a position to grant or withhold their consent to the recording of information. Legislation in some OSCE participating States requires that people be informed that they have been the subject of covert surveillance; such notification may happen after the fact, e.g., when it does not compromise an on-going investigation. 43 United Nations General Assembly, Resolution 34/169, “Code of Conduct for Law Enforcement Officials”, 17 December 1979, Article 4, <http://www.ohchr.org/Documents/ ProfessionalInterest/codeofconduct.pdf>. 44 OSCE commitments and international standards, op. cit., notes 22, 24, 25, 26, 27 and 28.