A/HRC/41/45
exclusively in the context of HIV programmes, for instance in Cameroon, 95 , India, 96
Kenya97 and Pakistan.98
B.
Good and best practices for managing risk
1.
Global and regional standards
43.
Well-accepted global standards addressing the human rights aspects of research
provide an overarching frame for any data collection and management activity:
• The Nuremberg Code, which serves as the basis for additional development of codes
of research ethics
• The Declaration of Helsinki – Ethical Principles for Medical Research Involving
Human Subjects, adopted by the World Medical Association
• The International Ethical Guidelines for Health-related Research Involving Humans,
issued by the Council for International Organizations of Medical Sciences in
collaboration with the World Health Organization
• The Declaration of Taipei on Ethical Considerations Regarding Health Databases
and Biobanks, adopted by the World Medical Association, which addresses the
increasingly common practice of maintaining databases of personal information
• The Universal Declaration on Bioethics and Human Rights, adopted by UNESCO
• The Fundamental Principles of Official Statistics, adopted by the Statistical
Commission and endorsed by the General Assembly, and the detailed set of
implementation guidelines issued by the Statistical Commission, 99 which identify
minimum legal frameworks to safeguard the human rights of individuals who
provide data, as well as standards relating to institutional duties of statistical
agencies
• The guidelines entitled A Human Rights-Based Approach to Data issued by the
Office of the United Nations High Commissioner for Human Rights, which
explicitly include sexual orientation and gender identity in relation to the
disaggregation, self-identification, transparency, privacy, accountability and
participation standards.
44.
In particular, United Nations agencies and other global entities are vigorously
developing guidance. For example, the Principles on Personal Data Protection and Privacy,
adopted by the High-level Committee on Management in October 2018, set out a
framework for the processing of personal data by United Nations organizations, or on their
behalf. They are aimed at harmonizing personal data protection standards across the United
Nations system, facilitating accountability in data processing and ensuring respect for the
human rights and fundamental freedoms of individuals, in particular the right to privacy.
UNAIDS has facilitated the development of guidance for collecting data that can expose
people living with HIV or key populations most at risk of HIV. Global Pulse, an initiative
of the Secretary-General, is aimed at ensuring that big data is harnessed safely and
responsibly, with a specific focus on digital data. ILO has developed a code of practice
entitled “Protection of workers’ personal data”. The International Committee of the Red
Cross has developed the Handbook on Data Protection in Humanitarian Action.
45.
At the regional level, the European Union is regulating data protection and privacy
for all individuals in the European Union and the European Economic Area. Legal
safeguards concerning the collection of data on sexual orientation are contained in
95
96
97
98
99
14
Submission from Alternatives Cameroun and others.
Submissions from UNDP; Youth Voices Count (Asia-Pacific regional network).
Submission from the Kenya National Commission on Human Rights and joint submission from youth
organizations.
Submissions from the Asian-Pacific Resource and Research Centre for Women and others; an
individual from Pakistan.
See https://unstats.un.org/unsd/dnss/gp/impguide.aspx.
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