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Federal Institute for Access to Public Information and Data Protection Av. Insurgentes Sur #3211 Col. Insurgentes Cuicuilco Delegacin Coyoacn C.P. 04530 Distrito Federal Mexico

EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS e.V. _ ZOSSENER STR. 55-58 AUFGANG D 10961 BERLIN, GERMANY _ PHONE FAX MAIL WEB +49.(030).40 04 85 90 +49.(030).40 04 85 92 INFO@ECCHR.EU WWW.ECCHR.EU

Via e-mail: atencion@ifai.org.mx

Berlin, 17/07/2013

AMTSGERICHT BERLIN-CHARLOTTENBURG VR 26608 _ VORSTAND: DIETER HUMMEL LOTTE LEICHT MICHAEL RATNER _ GENERALSEKRETR: WOLFGANG KALECK

RE: verification requests with numbers IFAI/SPDP/DGV/544/2013 and IFAI/SPDP/DGV/545/2013 The European Center for Constitutional and Human Rights (ECCHR) is an independent, non-profit human rights organization dedicated to protecting civil and human rights throughout the world. ECCHR engages in strategic litigation using European, international, and national law to enforce human rights and to hold state and non-state actors accountable for their violations of human rights. In the field of Business and Human Rights, ECCHR uses judicial and quasi-judicial mechanisms to hold corporations accountable for the impact they have on human rights. In February 2013, ECCHR, along with Reporters without Borders, Privacy International, Bahrain Watch, and the Bahrain Center for Human Rights, filed an OECD complaint with the United Kingdom National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises against Gamma International. A similar claim was concurrently filed with the German NCP against Trovicor, a German company that produces surveillance software similar to

FinFisher. Aided by such surveillance technologies, Bahraini security agencies monitor the communications of journalists, bloggers, and demonstrators and use data obtained from this surveillance to identify and arrest them. ECCHR and the other complainants argue that products and services like these are instrumental in multiple human rights abuses in Bahrain, including arbitrary detention and torture and violations of the right to privacy, freedom of expression, and freedom of association. According to the OECD Guidelines, corporations are obliged to refrain from committing human rights abuses through their own activities, avoid causing or contributing to adverse impacts on human rights, and seek to prevent or mitigate adverse human rights impacts directly linked to their operations, products, or services. At the time of the alleged supply of FinFisher equipment to Bahrain, Gamma International did not have a human rights policy in place capable of ensuring that its equipment would be used in accordance with international human rights standards. ECCHR contends that, due to the political context in Bahrain, Gamma International knew or ought to have known that its product was likely to be used in a manner inconsistent with international human rights laws and standards. Furthermore, Gamma International has provided the requisite follow-up support for FinFisher to the Bahraini government and has not taken the resultant opportunities to address any risks to human rights the use of FinFisher may be exacerbating by withdrawing these services or rendering the product ineffective. ECCHR contends that the acceptance of the OECD complaint against Gamma International and the subsequent investigation indicates that the United Kingdom acknowledges that the use of technology such as FinFisher is of concern and a potential threat to protected human rights. ECCHR encourages IFAI in accordance with its mandate to open the verification process in order reveal the extent of the deployment, use, outreach, and responsible actors of the surveillance technology allegedly used in Mexico, which is capable of jeopardizing the privacy and personal data of Mexican citizens.

Kind Regards,

Dr. Miriam Saage-Maa ECCHR Vice Legal Director

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