A/HRC/28/39
A.
General remarks on the right to privacy in the digital age
32.
Many delegations highlighted the quality of the report submitted by the High
Commissioner on the right to privacy in the digital age and the fact that it was an important
milestone in the context of the ongoing discussion. Many delegations also noted their
appreciation for the work of the Office of the United Nations High Commissioner for
Human Rights (OHCHR) and others in ensuring that the right to privacy was safeguarded
in law and in practice.
33.
Many delegations welcomed the panel discussion, as the topic was timely and the
discussion necessary, bearing in mind that technological advances ran ahead of an
understanding of their human rights implications. The importance of discussions held on
the issue by the Human Rights Council, as well as in other forums, such as the Internet
Governance Forum, was also noted.
34.
One delegation noted that there were close to 3 billion Internet users around the
world and that a free and secure Internet had become a priority for people everywhere. As
foreseen in the post-2015 sustainable development goals and the Programme of Action for
the Least Developed Countries for the Decade 2011–2020 (A/CONF.219/3/Rev.1),
everyone should have access to the Internet by 2020.
35.
Most interventions indicated, as already highlighted in the report of the United
Nations High Commissioner, that innovations in technology had had a positive impact on
freedom of expression, had facilitated global debate and had fostered democratic
participation. It was noted that digital communications could be tools for facilitating the
enjoyment of human rights, had contributed to the advancement of human civilization, and
had brought new opportunities for communication, knowledge and business. Privacy was
integral to a free, fair and open society in which views could be freely expressed without
any fear of repression or detention.
36.
Most delegations noted, however, that the same technological platforms had also
enhanced the capacities of State and non-State actors to conduct surveillance, interception
and mass data collection. Some delegations stated that those platforms were not only
vulnerable to mass surveillance, but actually facilitated it. One NGO noted that when
privacy online was threatened, trust in the Internet disappeared, depriving everyone,
including journalists, bloggers and human rights defenders, of the liberty to communicate
securely, anonymously and in confidence, with a chilling effect on freedom of expression.
Another NGO emphasized that for everyone, especially those living under repressive
regimes, the integrity of communications was critical to preserving individual liberty and
security of the person, as well as political rights.
37.
The exponential growth of State power in some countries due to their information
technology infrastructure was noted. Some delegations focused on the fact that much of the
world’s electronic communications passed through a limited number of countries. In turn,
that provided an opportunity for intercepting private communications. Some countries had
developed technologies that allowed access to much of the world’s global Internet traffic,
call records, individuals’ electronic address books and huge volumes of other digital
communications content. Reports of certain Governments monitoring communications at
global events were also referred to. A number of speakers recalled that the sovereignty of
States should always be respected with regard to surveillance, interception and the
collection of personal data.
38.
Other delegations noted that there was a growing trend by some Governments to use
cybertechnologies to control their own citizens, in violation of their right to freedom of
expression and the right of access to information. It was noted that political activists and
members of religious minorities were targeted, detained and sometimes killed. An NGO
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