A/HRC/43/52
53.
States should:
(a)
Amend cybercrime, surveillance and counter-terrorism laws for compliance
with international human rights norms and standards applicable to the rights to privacy,
freedom of opinion and expression, peaceful assembly and association;
(b)
Enshrine the principles of gender non-discrimination in the design and
implementation of all surveillance;
(c)
Review, repeal and prohibit legislation that facilitates State surveillance
designed to monitor gender-nonconforming communities;
(d)
Ensure that the processing of personal data for profiling is consistent with
relevant human rights standards and data protection;
(e)
Provide legal protections against non-consensual, predatory, commercial
surveillance that enables profiling, monitoring and marketing at a micro level and infringes
upon privacy according to gender using big data techniques, such as mobile geofencing and
geospatial location markers;
(f)
Renounce the use of discriminatory, inaccurate, disproportionate or
unevidenced gender stereotypes for profiling and promote human rights training to prevent
and mitigate any stigma, harassment and discrimination arising from such profiling practices;
(g)
Implement policies and procedures that specifically address gender and
privacy implications of potentially sensitive closed-circuit television footage, including
relevant training for data controllers and those who can access the footage;
(h)
Implement data protection and security protocols to prevent the abuse,
redistribution or degrading treatment of captured closed-circuit television images, including
privacy impact and risk assessments and governance protocols with embargoes on face
recognition or other algorithmic analyses of captured surveillance, without judicial
permission and independent oversight;
(i)
Establish all appropriate measures to oversee, investigate, document and
monitor the impacts of surveillance infringements of privacy based on gender, including
public reporting;
(j)
Penalize egregious image-based abuse by law enforcement officials by internal
and external disciplinary means, create protocols for victim redress and maintain
communication with victims;
(k)
Ensure that counter-terrorism measures do not disproportionately or
unnecessarily affect women and lesbian, gay, bisexual, transgender and intersex asylum
seekers, refugees and immigrants.
Q.
Detention
54.
States and non-State actors should:
(a)
Implement:
(i)
Privacy policies relating to the placement and treatment of persons deprived of
their liberty that reflect the needs and rights of persons of all genders, including sexual
orientations, gender identities, gender expressions and sex characteristics;
(ii)
Policies to combat violence, discrimination and other harm arising from
gender-based infringements of privacy faced by people deprived of their liberty,
including placement, body or other searches, items expressing gender or access to and
continuation of gender-affirming treatment and health care, and so-called protective
solitary confinement;
(iii) Programmes that address the gender-specific needs of indigenous people and
their cultural, spiritual and religious requirements and others, such as individuals with
disabilities;
24
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