A/HRC/43/52 (iii) Gender is fully included in anti-discrimination laws in relation to sex characteristics; (iv) There is recognition of the responsibility to protect and warn in relation to patterns of extraterritorial outreach of States that violate the right to privacy; (v) Policies and procedures are up to date and adequately serve the obligation to protect and warn, and prevent surveillance and harassment based on gender, by foreign States and non-State actors against their citizens or non-citizens in their territories; (vi) The right to privacy of all, regardless of gender, is embedded in policy development, legislative reform, service provision, regulation, programmes to support civil society organizations, and education and training; (vii) Best practice data protection systems, such as the General Data Protection Regulation of the European Union and the Modernized Convention for the Protection of Individuals with Regard to the Processing of Personal Data of the Council of Europe (also referred to as the “Modernized Convention 108”), or better, are adopted; (viii) There is comprehensive protection for secure digital communications, including by promoting strong encryption and anonymity-enhancing tools, products and services and resisting requests for back doors to digital communications; (c) Gender-based infringements of privacy by State and non-State actors are eradicated, investigated, prosecuted and penalized and remedies therefor provided, whether such infringements are committed in the public or the private sphere, and that support services are established for victims; (d) Victimization, revictimization and criminalization on the basis of gender are prevented, by: (i) Taking action against States and non-State actors that use digital technologies to subject users to cruel and degrading treatment, extortion or blackmail; (ii) Refraining from using laws, such as laws on vagrancy and loitering, to target certain genders; (iii) Preventing forced labour, trafficking in persons, abuse and violence in the context of commercial sex; (iv) Ensuring the participation of sex workers in the development of laws and policies that directly affect their lives and safety and enabling equal access for them to justice, health care and other services; (e) Laws and policies to protect sex workers’ health and safety are introduced; (f) The identity of victims is never disclosed, except with court authorization; (g) The death penalty is not imposed for consensual same-sex relations; (h) Legal provisions, including those in customary, religious and indigenous laws, whether explicit or general punitive provisions, do not criminalize or penalize on the basis of gender; (i) Access to justice and protection for complainants are provided; (j) Redress is provided for victims whose privacy has been infringed upon owing to their gender, including in the following ways: public apology; application to expunge historical criminal convictions and records concerning consensual adult same-sex relations or cross-dressing; rehabilitation and recovery services; adequate compensation; and guarantees of non-recurrence; (k) Research is supported into privacy and gender, including into the experiences of all members of the lesbian, gay, bisexual, transgender and intersex community, on the extent, causes (including attitudes, beliefs, customs and practices) and effects of infringements of privacy; 7