A/HRC/41/45 B. Risks associated with data collection and management 16. Denominations or identities related to sexual orientation and gender can be highly stigmatized characteristics, triggering multiple forms of violence and discrimination. 15 The extent to which information about a person’s identity is available to the outside world, including the State, may be the result of disclosures responding to State efforts to collect information. This includes means that can yield that information indirectly, such as through information about household composition, usage of other names or aliases, and medical and relationship histories. 17. Human rights considerations demand careful management of the design and implementation of the processes for the collection and management of all personal information. In the areas of sexual orientation and gender identity the risks are exacerbated owing to the associated stigmatization in certain social contexts, which might create a motivation to hack or steal the data 16 or otherwise unlawfully access it. 17 Stigmatization also multiplies the damaging impact of disclosure of information due to negligence or mistakes. 18 Information about sexual orientation and gender identity may be released through data sharing, particularly when administrative data is shared between agencies in the course of programme administration, or if the data collection methods themselves are not conducted in a safe space or are conducted in a manner indicating that the data collection effort targets lesbian, gay, bisexual, trans and gender-diverse persons.19 18. As confirmed by experts at the meeting held by the Independent Expert in collaboration with UNDP in Geneva in February 2019 and at the UNDP-World Bank consultations, held in 2017, on indicators for the proposed lesbian, gay, bisexual, transgender and intersex inclusion index, there is an urgent need for discussions on cybersecurity and to build the capacity of stakeholders, including civil society, to address and mitigate cybersecurity risks. 20 19. States and other stakeholders must respect the overriding principle to do no harm in every action conducive to human rights implementation. The mandate holder has determined that three factors interact in creating a risk of potential violence and discrimination based on sexual orientation and gender identity: criminalization, stigmatization and negation.21 All are relevant when considering issues of data collection. 20. Lack of data about lesbian, gay, bisexual, trans and gender-diverse persons renders the community invisible to policymakers and government duty bearers, 22 and will reinforce patterns of negation and the adoption of irrational State policies. In a context of negation, perpetrators feel motivated and enabled to suppress or punish diversity. 23 Negation further enables violence and discrimination against persons in this group to go unchallenged, fuelling a vicious circle that leaves no one unaffected. Even where States collect data, negation can result in data that is unreliable, unsystematic and biased; all State measures to address violence and discrimination, be they public policy, access to justice, law reform or administrative actions, will be therefore hindered by this fact. 24 21. In these and other contexts, lesbian, gay, bisexual, trans and gender-diverse persons are subjected to violence and discrimination because of stigmatization. Several stakeholders noted in their submissions that public exposure of an individual’s sexual orientation and/or 15 16 17 18 19 20 21 22 23 24 See A/HRC/38/43. Submissions from the Right Here Right Now consortium; The Fenway Institute; AR Arcon, activist from the Philippines. Submission from the Office of the United Nations High Commissioner for Refugees (UNHCR). Submissions from Ireland, Sweden and the Human Rights Commission of New Zealand. Submission from UNHCR. Submission from UNDP. A/HRC/38/43, paras. 50–65. Submission from the Commission on Human Rights of the Philippines. A/HRC/38/43, para. 62. Ibid. 7