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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents