A/HRC/28/39
V. Conclusions
58.
Panellists concluded that technological change might pose new challenges to
existing legislation. In such cases, established legal frameworks, including
international human rights law, would continue to apply, even if the implementation
of the law must be adapted to address the new reality. Regarding the promotion and
protection of the right to privacy, including in the context of domestic and
extraterritorial surveillance, the international human rights framework was clear.
There was a need, however, for better implementation at the national level of the
international norms related to the right to privacy, through adequate national
legislation and stronger safeguards and oversight.
59.
Panellists noted that the development of legal safeguards against violations and
effective oversight involving all stakeholders was essential. Independent, impartial
and competent courts must be more involved and better equipped to deal with those
complex issues. Furthermore, they noted the need for increased transparency,
regarding both surveillance policies and legislation and legal interpretations and court
rulings, where they existed. The laws and regulations and the way they were
interpreted and applied should be made publicly available. The powers of
Governments to access communication-related data should be based on a clear and
transparent legal framework that accommodated advances in technology and was in
accordance with the rule of law and international human rights norms and standards.
60.
Supporting the views of States, regional organizations and NGOs, the panellists
stressed that the protection and promotion of, and respect for, the right to privacy
required the sustained engagement of all stakeholders, including Governments,
industry, civil society and international organizations. They highlighted the unique
ability of the United Nations to convene all stakeholders and to explore the most
effective means of protecting the right to privacy and emphasized that the Human
Rights Council should continue to address the issue, including through the universal
periodic review, with the increased engagement of civil society. OHCHR and the High
Commissioner should also continue to work on the issue and special procedures must
engage within their own mandates as appropriate, Consideration should also be given
to the need to establish a new special procedures mandate on the right to privacy, to
examine existing challenges and how the right should be conceptualized more broadly.
61.
Finally, the panellists highlighted the vital role played by the United Nations
and other international organizations in promoting the international legal standards
that guide the actions of private companies, as they seek to respect the human rights
of their customers and other users. Businesses look to the United Nations for support
in promoting the adoption of those standards in the domestic law of Member States.
By furthering the international framework, international organizations were also
supporting businesses in meeting their responsibility to respect and protect the
privacy of users, as technological advances continued. The question of whether a
model law or a code of conduct could be drafted should be considered.
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