A/HRC/24/38 b. As a general rule, governments should not seek to access digital communications between or among private individuals, nor should they monitor individual use of digital media, track the movements of individuals through digital media, alter the expression of individuals, or generally surveil individuals. c. When governments do conduct surveillance in exceptional circumstances and in connection with legitimate law enforcement or national security investigations— any surveillance of individuals and monitoring of communications via digital media must meet international due process laws and standards that apply to lawful searches, such as obtaining a warrant by a court order. d. Full freedom of expression entails a right to privacy; all existing international laws and standards of privacy apply to digital media, and new laws and standards and protections may be required. e. Government gathering and retention of data and other information generated by digital media, including data mining, should meet international laws and standards of privacy, such as requirements that the data retention be time-limited, proportionate, and provide effective notice to persons affected. 4. The private sector, and technology companies, in particular, are bound by the right to freedom of expression and human rights. a. The principles stated in this declaration equally apply to the private sector. b. Companies must respect human rights, including the right to freedom of expression, and must uphold these rights even when national laws and regulations do not protect them. c. Technology companies have a duty to determine how their products, services, and policies impact human rights in the countries in which they intend to operate. If violations are likely, or violations may be inextricably linked to the use of products or services, the companies should modify or withdraw their proposed plans in order to respect human rights. d. Technology companies should incorporate freedom of expression principles into core operations, such as product designs with built-in privacy protections. e. If their operations are found to have violated the right to freedom of expression, technology companies should provide restitution to those whose rights were violated, even when governments do not provide remedies. XIII. Final Report of the Sub-Commission’s Special Rapporteur on Treaties with Indigenous Peoples, Miguel Alfonso Martinez, 1999 (excerpts)13 306. Earlier in the present report (para. 261) the Special Rapporteur noted the generalized opinion that, in the light of the situation endured by indigenous peoples today, the existing mechanisms, either administrative or judicial, within non-indigenous spheres of government have been incapable of solving their difficult predicament. This forces him to advance a number of recommendations on this subject. 307. He first recommends the establishment within States with a sizeable indigenous population of an entirely new, special jurisdiction to deal exclusively with indigenous issues, independent of existing governmental (central or otherwise) structures, although 13 40 http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/696c51cf6f20b8bc802567c4003793ec