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As EFF’s guide points out, states must implement clear and precise legal frameworks that:
- define surveillance powers and limitations;
- ensure all surveillance measures pursue legitimate aims without discriminatory ends;
- subject interference with privacy to rigorous necessity and proportionality analysis;
- require prior judicial authorization for digital surveillance measures;
- maintain detailed records of surveillance operations;
- establish independent civilian oversight institutions with technical expertise and enforcement powers;
- guarantee individuals' right to informational self-determination and proper notification; and
- provide effective remedies and reparation for victims of surveillance abuses.