A/HRC/43/52
(k)
Using privacy impact assessments and other mechanisms to ensure that data
analytics do not result in inferences being drawn about individuals or groups according to
their gender, which could lead to discrimination.
L.
Online violence
43.
States and non-State actors should counter gender-targeted violence using privacyintrusive and technologically facilitated forms of abuse based on gender, by:
(a)
Providing education, outreach and gender-sensitive training for Internet users
on online violence in schools and communities;
(b)
Including advocates, victims and support services in the design of strategies to
counter technologically facilitated violence;
(c)
Providing training and technical expertise for front-line staff, including
dedicated hotlines and law enforcement support;
(d)
Establishing data protection-compliant reporting of the incidence and
outcomes of service interventions.
44.
States should:
(a)
Recognize online-facilitated violence targeted by gender as a human rights
violation and form of discrimination and take measures to apply international human rights
instruments, in conjunction with national laws, to prevent and mitigate its occurrence;
(b)
Review, strengthen and devise policies and legal and regulatory privacy and
data protection frameworks to address gender-based violence in online and offline contexts,
in particular technologically interconnected violence, including smart home technologies;
(c)
Reform criminal and civil laws to address technologically facilitated violence
and establish criminal and civil causes of action to allow victims to pursue remedies with
adequate protection of their privacy to avoid secondary victimization and to provide them
with greater control;
(d)
Allow victims to obtain orders of protection (e.g., restraining orders) in family
or civil courts to prevent abusers from posting or sharing intimate images and footage without
their consent or engaging in other unlawful harassment;
(e)
Determine the rights or claims of perpetrators or alleged perpetrators during
and after judicial proceedings with respect to privacy, in the light of a victim’s or child’s
human rights to life and physical and sexual and psychological integrity, and guided by the
principle of the best interests of the child;
(f)
Collaborate with civil society organizations, technology companies, national
human rights institutions, victims and activists to develop strategies, including legislation to
prevent and mitigate online violence based on gender, technical support, counselling, legal
guides, referral information and advice services;
(g)
Promote and provide educational resources and training for magistrates,
lawyers, the police, front-line workers and service providers on technologically facilitated
gender violence;
(h)
Develop specialized, clear, efficient and available protocols for law
enforcement officials concerning online violence to improve existing investigative
techniques and models with, for example, liaison officers trained to investigate and respond
to such assaults using leading international practices;
(i)
Increase prevention programmes to teach respect, boundaries and appropriate
behaviour, with practical booklets, seminars and training for front-line agencies, survivors,
practitioners, policymakers and technologists on technologically facilitated abuse and the
safety and privacy of those experiencing domestic violence and sexualized violence;
18
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