A/HRC/17/27
6.
Inadequate protection of the right to privacy and data protection
82.
The Special Rapporteur is concerned that, while users can enjoy relative
anonymity on the Internet, States and private actors have access to technology to
monitor and collect information about individuals’ communications and activities on
the Internet. Such practices can constitute a violation of Internet users’ right to
privacy, and undermine people’s confidence and security on the Internet, thus
impeding the free flow of information and ideas online.
83.
The Special Rapporteur underscores the obligation of States to adopt effective
privacy and data protection laws in accordance with article 17 of the International
Covenant on Civil and Political Rights and the Human Rights Committee’s general
comment No. 16. This includes laws that clearly guarantee the right of all individuals
to ascertain in an intelligible form whether, and if so what, personal data is stored in
automatic data files, and for what purposes, and which public authorities or private
individuals or bodies control or may control their files.
84.
He also calls upon States to ensure that individuals can express themselves
anonymously online and to refrain from adopting real-name registration systems.
Under certain exceptional situations where States may limit the right to privacy for
the purposes of administration of criminal justice or prevention of crime, the Special
Rapporteur underscores that such measures must be in compliance with the
international human rights framework, with adequate safeguards against abuse. This
includes ensuring that any measure to limit the right to privacy is taken on the basis of
a specific decision by a State authority expressly empowered by law to do so, and must
respect the principles of necessity and proportionality.
B.
Access to the Internet and the necessary infrastructure
85.
Given that the Internet has become an indispensable tool for realizing a range
of human rights, combating inequality, and accelerating development and human
progress, ensuring universal access to the Internet should be a priority for all States.
Each State should thus develop a concrete and effective policy, in consultation with
individuals from all sections of society, including the private sector and relevant
Government ministries, to make the Internet widely available, accessible and
affordable to all segments of population.
86.
At the international level, the Special Rapporteur reiterates his call on States,
in particular developed States, to honour their commitment, expressed inter alia in the
Millennium Development Goals, to facilitate technology transfer to developing States,
and to integrate effective programmes to facilitate universal Internet access in their
development and assistance policies.
87.
Where the infrastructure for Internet access is present, the Special Rapporteur
encourages States to support initiatives to ensure that online information can be
accessed in a meaningful way by all sectors of the population, including persons with
disabilities and persons belonging to linguistic minorities.
88.
States should include Internet literacy skills in school curricula, and support
similar learning modules outside of schools. In addition to basic skills training,
modules should clarify the benefits of accessing information online, and of responsibly
contributing information. Training can also help individuals learn how to protect
themselves against harmful content, and explain the potential consequences of
revealing private information on the Internet.
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