A/HRC/45/14/Add.2
assessment is required to be representative of the heterogeneity of this segment of the
population, including in terms of age cohorts and their various conditions. 70
117. The Independent Expert emphasizes the importance of ensuring the actual
exercise of meaningful, free and informed consent of older persons in the collection
and use of data. This needs to be accompanied by realistic ways for older persons to
opt out. It requires joint efforts from all stakeholders involved to safeguard an
individual’s right to determine whether, and if so, how, personal and private
information is being shared, used, processed and stored, and thus, to prevent privacy
and data protection rights from being undermined. It is therefore important to
provide older persons, in their heterogeneity, with targeted digital education, training
and inclusion measures.
C.
Recommendations to businesses
118. In light of the digital future of New Zealand and the important role conferred
on private operators in providing care services for older persons, the Independent
Expert takes the opportunity to refer to the Guiding Principles on Business and
Human Rights: Implementing the United Nations “Protect, Respect and Remedy”
Framework. She also wishes to draw the attention of the Government to its obligation
to ensure respect for, protection of and compliance with human rights in the sphere of
business activities by public or private enterprises. The Guiding Principles provide an
opportunity to close the governance gaps in business and human rights if supported
by appropriate legislation and regulations, together with compliance mechanisms.
70
20
See OHCHR, “Human rights indicators: a guide to measurement and implementation”
(HR/PUB/12/5).
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