A/HRC/17/27 57. The right to privacy is guaranteed by article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights. The latter provides that “(1) no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation; (2) everyone has the right to the protection of the law against such interference or attacks.” Although “correspondence” primarily has been interpreted as written letters, this term today covers all forms of communication, including via the Internet.36 The right to private correspondence thus gives rise to a comprehensive obligation on the part of the State to ensure that e-mails and other forms of online communication are actually delivered to the desired recipient without interference or inspection by State organs or by third parties.37 58. In addition, the protection of personal data represents a special form of respect for the right to privacy.38 States parties are required by article 17(2) to regulate, through clearly articulated laws, the recording, processing, use and conveyance of automated personal data and to protect those affected against misuse by State organs as well as private parties. In addition to prohibiting data processing for purposes that are incompatible with the Covenant, data protection laws must establish rights to information, correction and, if need be, deletion of data and provide effective supervisory measures. Moreover, as stated in the Human Rights Committee’s general comment on the right to privacy, “in order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files.”39 59. The Special Rapporteur notes that the right to privacy can be subject to restrictions or limitations under certain exceptional circumstances. This may include State surveillance measures for the purposes of administration of criminal justice, prevention of crime or combating terrorism. However, such interference is permissible only if the criteria for permissible limitations under international human rights law are met. Hence, there must be a law that clearly outlines the conditions whereby individuals’ right to privacy can be restricted under exceptional circumstances, and measures encroaching upon this right must be taken on the basis of a specific decision by a State authority expressly empowered by law to do so, usually the judiciary, for the purpose of protecting the rights of others, for example to secure evidence to prevent the commission of a crime, and must respect the principle of proportionality.40 V. Access to the Internet and the necessary infrastructure 60. The Internet, as a medium by which the right to freedom of expression can be exercised, can only serve its purpose if States assume their commitment to develop effective policies to attain universal access to the Internet. Without concrete policies and 36 37 38 39 40 16 Manfred Nowak, UN Covenant on Civil and Political Rights. CCPR Commentary (Kehl am Rhein, Engel, 2005), p. 401. Ibid. Ibid. Human Rights Committee, general comment No. 16 on article 17 of the International Covenant on Civil and Political Rights, para. 10. Manfred Nowak, UN Covenant on Civil and Political Rights. CCPR Commentary (Kehl am Rhein, Engel, 2005), pp. 401-402.