A/HRC/28/39
its customers’ personal data; providing control for customers over their own personal data
and how it was used; being transparent in terms of the handling of data for its customers
and users at all stages; and providing support for all its customers and users to help them
protect their privacy and manage their personal data. He noted however, that his company
had suffered two breaches of privacy since the charter was signed, emphasizing that
protecting data from government interference was always a challenge. He stated again that
it was important to recall that, while a number of telecommunication companies were
committed to being transparent, transparency must come, first and foremost, from the State.
He also recalled that telecommunication companies were bound by local laws and therefore
that the legal framework within which they operated varied from country to country. He
noted an ongoing trend for companies to map the legal framework in all the countries in
which they operated. He noted that in some countries, the legislation allowed for
transparency ex-post facto, either by allowing the companies to provide information on the
requests made to them by Governments, or the data transmitted to them, or by permitting
the State to do so. In other States, neither the company nor the State could be transparent
about the measures the company had had to share. He noted that telecommunications
companies tried with the means at their disposal to protect international human rights law.
For example, he noted that during the Arab Spring, a Government had requested his
company to send text messages to all their base customers. Following an initial refusal from
the company, members of the armed forces were sent to reiterate the demands of the
Government. His company sent the message as requested, together with the signature of
one of the members of the armed forces present. This was a small, yet important, piece of
information, which allowed civil society to understand the situation.
55.
Mr. Nissim highlighted the importance of multi-stakeholder engagement. In order to
illustrate that point, he referred to another situation which his own company had faced,
where the Government in question had backed down on the requests it had made to
telecommunication companies, owing to several factors, one of them being the fact that
civil society had publicized those requests. He noted that he would support the elaboration
of a legal instrument at the international level that would deal with the obligations of
private entities regarding protection of the right to privacy from surveillance measures, and
that model laws and best practices would also greatly assist Governments.
D.
Way forward
56.
Many delegations stressed the need for continued multi-stakeholder engagement.
They said that State engagement was not enough, but that private entities, civil society,
scientific and technical communities, the business sector, academics and human rights
experts needed to take part in the discussions. The need for further engagement of the
Human Rights Council was also highlighted.
57.
Several delegations requested that States review their procedures, practices and
legislation related to communications surveillance, interception and collection of personal
data, in order to adapt them to the needs of the twenty-first century and to ensure that they
were in full conformity with international human rights law. Others called for a transparent
international system with an adequate international framework of Internet governance,
including appropriate safeguards to protect personal data. One delegation called for the
development of a code of conduct on those issues. Several delegations and NGOs called
upon the Council to establish a mandate for a special rapporteur on the right to privacy, as it
was essential to bring focused and sustained attention to those issues.
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