A/HRC/RES/28/16
and/or collect personal data and when they require disclosure of personal data from third
parties, including private companies,
Recalling that business enterprises have a responsibility to respect human rights as
set out in the Guiding Principles on Business and Human Rights: Implementing the United
Nations “Protect, Respect and Remedy” Framework,6
Deeply concerned at the negative impact that surveillance and/or interception of
communications, including extraterritorial surveillance and/or interception of
communications, as well as the collection of personal data, in particular when carried out
on a mass scale, may have on the exercise and enjoyment of human rights,
Noting with deep concern that, in many countries, persons and organizations
engaged in promoting and defending human rights and fundamental freedoms frequently
face threats and harassment and suffer insecurity as well as unlawful or arbitrary
interference with their right to privacy as a result of their activities,
Noting that, while concerns about public security may justify the gathering and
protection of certain sensitive information, States must ensure full compliance with their
obligations under international human rights law,
Noting also in that respect that the prevention and suppression of terrorism is a
public interest of great importance, while reaffirming that States must ensure that any
measures taken to combat terrorism are in compliance with their obligations under
international law, in particular international human rights, refugee and humanitarian law,
1.
Reaffirms the 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, as set
out in article 12 of the Universal Declaration of Human Rights and article 17 of the
International Covenant on Civil and Political Rights;
2.
Recognizes the global and open nature of the Internet and the rapid
advancement in information and communications technology as a driving force in
accelerating progress towards development in its various forms;
3.
Affirms that the same rights that people have offline must also be protected
online, including the right to privacy;
4.
Decides to appoint, for a period of three years, a special rapporteur on the
right to privacy, whose tasks will include:
(a)
To gather relevant information, including on international and national
frameworks, national practices and experience, to study trends, developments and
challenges in relation to the right to privacy and to make recommendations to ensure its
promotion and protection, including in connection with the challenges arising from new
technologies;
(b)
To seek, receive and respond to information, while avoiding duplication,
from States, the United Nations and its agencies, programmes and funds, regional human
rights mechanisms, national human rights institutions, civil society organizations, the
private sector, including business enterprises, and any other relevant stakeholders or parties;
(c)
To identify possible obstacles to the promotion and protection of the right to
privacy, to identify, exchange and promote principles and best practices at the national,
regional and international levels, and to submit proposals and recommendations to the
6
A/HRC/17/31, annex.
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