A/HRC/41/45 • In the United Kingdom, the privacy of persons who have a gender recognition certificate or who have applied for one is protected by law, and the disclosure of “protected information” acquired in an official capacity is an offence. 117 • In the context of the national socioeconomic survey in Chile and in order to safeguard the confidentiality of the information collected and prevent third parties from having access to information that facilitates the identification of the households surveyed, the ministry responsible for social development does not take cognizance of or store information that makes it possible to identify individually the members of each household and/or to locate their domicile at a level of aggregation lower than that of the commune.118 • In Kenya, the Access to Information Act of 2016 limits access to information that may, inter alia, endanger the safety, health or life of any person or involve the unwarranted invasion of the privacy of an individual. In the context of criminalization of same-sex conduct and experiences of stigmatization, confidentiality and anonymity are maintained with regard to sexual orientation and gender identity. Additionally, data already collected is secured through encryption.119 54. Historically, the confidentiality of health-related information has been of particular importance. Submissions highlighted examples of legislative provisions restricting public access to information to protect document secrecy and imposing a duty of confidentiality, 120 or protecting and keeping confidential the health information of individuals through policies and procedures while allowing the flow of important health information necessary to provide high-quality care.121 (d) Lawful use 55. The principle of lawful use limits the use of data to those purposes provided for by law, including international human rights law, and limits access to data to those individuals whose involvement is necessary to accomplish those purposes. This is particularly important when data is collected for the purposes of administering programmes, delivering services, enforcing law and evaluating programmes. In such cases, individuals may not be directly informed about how their data will be used and maintained, and may not be provided with an opportunity to consent to such use. 56. Conversely, the collection and management of data to enable criminal prosecution of same-sex relations or on the basis of sexual orientation and gender identity is, by definition, a violation of the principle of lawful use. The mandate holder has already concluded that legislation, public policy and jurisprudence that criminalize same-sex relationships and particular gender identities are per se contrary to international human rights law, 122 and therefore any measures, including data collection and management, conducive to their implementation are equally contrary to international human rights law. 57. Several submissions referred to national safeguards and related standards regarding security, information technology security and physical security. 123 In Portugal, for example, statistical confidentiality is aimed at safeguarding the privacy of citizens and ensuring confidence in the National Statistical System, and the data collected on individuals cannot be given, disclosed or used for purposes other than those that are exclusively statistical. (e) Participation 58. Participation is central to a human rights-based approach to data. The right to participate in public affairs, including the right of minorities to participate in governance 117 118 119 120 121 122 123 Submission from the United Kingdom. Submission from Chile. Submission from the Kenya National Commission on Human Rights. Submission from Sweden. Submission from The Fenway Institute. A/HRC/38/43, para. 20 (b). See, for instance, the Privacy Act 1988 of Australia. 17