A/HRC/27/37
in the implementation of the right to privacy in the digital age, and provided suggestions for
initiatives at the international level. They included encouragement to the Human Rights
Committee to update its relevant general comments, in particular on article 17 of the
International Covenant on Civil and Political Rights; the establishment by the Human
Rights Council of a special procedures mandate on the right to privacy; and/or the
engagement of existing relevant special procedures mandate holders in joint or individual
initiatives to address issues related to the right to privacy in the context of digital
surveillance and to provide good-practice guidance.
11.
Pursuant to the request made in General Assembly resolution 68/167, the present
report offers reflections and recommendations based on an assessment of information
available at the time of drafting, drawing also on the wealth of material reflected in the
diverse range of contributions received.
III. Issues relating to the right to privacy in the digital age
12.
As recalled by the General Assembly in its resolution 68/167, international human
rights law provides the universal framework against which any interference in individual
privacy rights must be assessed. Article 12 of the Universal Declaration of Human Rights
provides that “no one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honour and reputation. Everyone has the
right to the protection of the law against such interference or attacks.” The International
Covenant on Civil and Political Rights, to date ratified by 167 States, provides in article 17
that “no one shall be subjected to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his or her honour and
reputation”. It further states that “everyone has the right to the protection of the law against
such interference or attacks.”
13.
Other international human rights instruments contain similar provisions. Laws at the
regional and national levels also reflect the right of all people to respect for their private
and family life, home and correspondence or the right to recognition and respect for their
dignity, personal integrity or reputation. In other words, there is universal recognition of the
fundamental importance, and enduring relevance, of the right to privacy and of the need to
ensure that it is safeguarded, in law and in practice.
14.
While the mandate for the present report focused on the right to privacy, it should be
underscored that other rights also may be affected by mass surveillance, the interception of
digital communications and the collection of personal data. These include the rights to
freedom of opinion and expression, and to seek, receive and impart information; to freedom
of peaceful assembly and association; and to family life – rights all linked closely with the
right to privacy and, increasingly, exercised through digital media. Other rights, such as the
right to health, may also be affected by digital surveillance practices, for example where an
individual refrains from seeking or communicating sensitive health-related information for
fear that his or her anonymity may be compromised. There are credible indications to
suggest that digital technologies have been used to gather information that has then led to
torture and other ill-treatment. Reports also indicate that metadata derived from electronic
surveillance have been analysed to identify the location of targets for lethal drone strikes.
Such strikes continue to raise grave concerns over compliance with international human
rights law and humanitarian law, and accountability for any violations thereof. The linkages
between mass surveillance and these other effects on human rights, while beyond the scope
of the present report, merit further consideration.
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