A/HRC/RES/42/15
Noting the adoption of the principles on personal data protection and privacy by the
High-level Committee on Management on 11 October 2018,
Noting with appreciation general comment No. 16 (1988) of the Human Rights
Committee on the right to privacy, and its recommendation that States take effective
measures to prevent the unlawful retention, processing and use of personal data stored by
public authorities and business enterprises, while also noting the vast technological leaps that
have taken place since its adoption and the need to address the right to privacy in view of the
challenges of the digital age,
Reaffirming the human right to privacy, according to which no one shall be subjected
to arbitrary or unlawful interference with his or her privacy, family, home or correspondence,
and the right to the protection of the law against such interference, and recognizing that the
exercise of the right to privacy is important for the realization of other human rights,
including the right to freedom of expression and to hold opinions without interference, and
the right to freedom of peaceful assembly and association, and is one of the foundations of a
democratic society,
Recognizing that the right to privacy can enable the enjoyment of other rights and the
free development of an individual’s personality and identity, and an individual’s ability to
participate in political, economic, social and cultural life, and noting with concern that
violations or abuses of the right to privacy might affect the enjoyment of other human rights,
including the right to freedom of expression and to hold opinions without interference, and
the right to freedom of peaceful assembly and association,
Recalling that the General, Assembly in its resolution 73/179 of 17 December 2018,
encouraged the Human Rights Council to remain actively seized of the debate, and invited
all relevant stakeholders to further discuss how profiling, automated decision-making and
machine-learning technologies, sometimes referred to as artificial intelligence, without
proper safeguards, impact the enjoyment of the right to privacy, for the purpose of clarifying
existing principles and standards and identifying best practices regarding the promotion and
protection of the right to privacy,
Acknowledging that the discussion on the right to privacy should be based upon
existing international and domestic legal obligations, including international human rights
law, and relevant commitments, and should not open the path for undue interference with an
individual’s human rights,
Recognizing the need to further discuss and analyse, on the basis of international
human rights law, issues relating to the promotion and protection of the right to privacy in
the digital age, procedural safeguards, effective domestic oversight and remedies, the impact
of surveillance on the right to privacy and other human rights, as well as the need to examine
the principles of non-arbitrariness, lawfulness, legality, necessity and proportionality in
relation to surveillance practices,
Noting that the rapid pace of technological development enables individuals all over
the world to use information and communications technology, and at the same time enhances
the capacity of Governments, business enterprises and individuals to undertake surveillance,
interception, hacking and data collection, which may violate or abuse human rights, in
particular the right to privacy, and is therefore an issue of increasing concern,
Noting also that violations and abuses of the right to privacy in the digital age may
affect all individuals, with particular effects on women, as well as children, persons with
disabilities and those who are vulnerable and marginalized,
Recognizing the need for Governments, the private sector, international organizations,
civil society, the technical and academic communities and all relevant stakeholders to be
cognizant of the impact, opportunities and challenges of rapid technological change on the
promotion and protection of human rights, as well as of its potential to facilitate efforts, to
accelerate human progress and to promote and protect human rights and fundamental
freedoms,
Noting that the use of artificial intelligence can contribute to the promotion and
protection of human rights, and can also have far-reaching and global implications, including
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