A/HRC/23/40 intervention by other uninvited individuals.4 The right to privacy is also the ability of individuals to determine who holds information about them and how is that information used. 23. In order for individuals to exercise their right to privacy in communications, they must be able to ensure that these remain private, secure and, if they choose, anonymous. Privacy of communications infers that individuals are able to exchange information and ideas in a space that is beyond the reach of other members of society, the private sector, and ultimately the State itself. Security of communications means that individuals should be able to verify that their communications are received only by their intended recipients, without interference or alteration, and that the communications they receive are equally free from intrusion. Anonymity of communications is one of the most important advances enabled by the Internet, and allows individuals to express themselves freely without fear of retribution or condemnation. A. Interrelations between the rights to privacy to freedom of opinion and expression 24. The right to privacy is often understood as an essential requirement for the realization of the right to freedom of expression. Undue interference with individuals’ privacy can both directly and indirectly limit the free development and exchange of ideas. Restrictions of anonymity in communication, for example, have an evident chilling effect on victims of all forms of violence and abuse, who may be reluctant to report for fear of double victimization. In this regard, article 17 of ICCPR refers directly to the protection from interference with “correspondence”, a term that should be interpreted to encompass all forms of communication, both online and offline. 5 As the Special Rapporteur noted in a previous report,6 the right to private correspondence gives rise to a comprehensive obligation of the State to ensure that e-mails and other forms of online communication are actually delivered to the desired recipient without the interference or inspection by State organs or by third parties. 7 25. The Human Rights Committee analysed the content of the right to privacy (art. 17) in its General Comment No. 16 (1988), according to which article 17 aims to protect individuals from any unlawful and arbitrary interferences with their privacy, family, home, or correspondence, and national legal frameworks must provide for the protection of this right. This provision imposes specific obligations relating to the protection of privacy in communications, underlining that “correspondence should be delivered to the addressee without interception and without being opened or otherwise read. “Surveillance, whether electronic or otherwise, interceptions of telephonic, telegraphic and other forms of communication, wire-tapping and recording of conversations, should be prohibited.” 8 The General Comment also indicates that “the gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private 9 individuals or bodies, must be regulated by law.” At the time this General Comment was 4 5 6 7 8 9 Lord Lester and D. Pannick (eds.). Human Rights Law and Practice. London, Butterworth, 2004, para. 4.82. ICCPR commentary, p.401. A/HRC/17/23. ICCPR commentary, p.401. Centre for Civil and Political Rights (CCPR) General Comment No. 16. (General Comments), p.8. Ibid., p.10. 7