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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