A/HRC/13/37
bodies, as well as independent reviews of practices will help inform future
policymaking and deliberation on anti-terrorism policy.
69.
Any watch list- or profile-based surveillance programme must include due
process safeguards for all individuals, including rights to redress. The principle of
transparency must be upheld so that individuals can be informed as to why and how
they were added to watch lists or how their profile was developed, and of the
mechanisms for appeal without undue burdens.
70.
Given the inherent dangers of data mining, the Special Rapporteur
recommends that any information-based counter-terrorism programme should be
subjected to robust and independent oversight. The Special Rapporteur also
recommends against the development and use of data-mining techniques for counterterrorism purposes.
71.
In light of the risk of abuse of surveillance technologies, the Special Rapporteur
recommends that equal amounts of research and development resources be devoted to
privacy-enhancing technologies.
For the Human Rights Council
72.
The Special Rapporteur recommends the development of a programme for
global capacity-building on privacy protection. The international replication of antiterrorism laws and the global standards on surveillance must be counterbalanced with
greater awareness of the necessary safeguards for the protection of individuals’
dignity.
73.
The Special Rapporteur urges the Human Rights Council to establish a process
that builds on existing principles of data protection to recommend measures for the
creation of a global declaration on data protection and data privacy.
For the Human Rights Committee
74.
The Special Rapporteur recommends that the Human Rights Committee begins
drafting a new general comment on article 17 of the International Covenant on Civil
and Political Rights, with the goal of elaborating a proper limitation test, thereby
providing guidance to States on appropriate safeguards. The general comment should
also give due attention to data protection as an attribute of the right to privacy, as
enshrined in article 17 of the Covenant.
22
GE.09-17804
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