In the light of these concerns, we recommend that the Government
should instruct government agencies and private organisations
involved in surveillance and data use on how the rights contained in
Article 8 of the European Convention on Human Rights are to be
implemented. The Government should provide clear and publicly
available guidance as to the legal meanings of necessity and
proportionality. We recommend that a complaints procedure be
established by the Government and that, where appropriate, legal aid
should be made available for Article 8 claims.