A/HRC/41/45 78. The Independent Expert recommends that States design and implement comprehensive data collection procedures in order to be able to uniformly and accurately assess the type, prevalence, trends and patterns of violence and discrimination against lesbian, gay, bisexual, trans and gender-diverse persons. Data should be disaggregated by community, but also by other factors, such as race, ethnicity, religion or belief, health status, age, class, caste and migration or economic status. 79. Data should inform the policies and legislative actions of States with a view not only to prevent further acts of violence and discrimination but also to address gaps in investigation, prosecution, remedies provided and sociocultural and economic inclusion. 80. In order to prevent the misuse of collected data, States should follow a human rights-based approach. The overriding human rights principle of “do no harm” should always be respected; all activities must take into consideration the principles of self-determination, privacy and confidentiality, lawful use, participation, right to information, transparency, accountability and impartiality in the terms expressed in the present report and other relevant human rights sources. 81. In order to combat and address the structural causes of underreporting and underrepresentation in data, the Independent Expert recommends that States create effective systems for recording and reporting hate crimes based on sexual orientation and gender identity. In addition, States should adopt anti-discrimination legislation that includes sexual orientation and gender identity among the prohibited grounds of discrimination, and develop specific programmes and policies to end the spiral of discrimination, marginalization and exclusion, which have a negative impact on the rights of lesbian, gay, bisexual, trans and gender-diverse persons, including their rights to health, education, work and an adequate standard of living, and on their access to justice. 82. In recognition of the crucial role played by civil society and human rights defenders in the provision of an evidence base for public policy, and in the creation of capacity and legitimacy to collect and manage data, States must nurture safe spaces within which civil society organizations can carry out their work, and must support the work of civil society and human rights defenders in the collection and use of data. Within this context, the Independent Expert urges States to take measures to protect defenders and supporters of the rights of lesbian, gay, bisexual, trans and genderdiverse persons from attacks, intimidation and other abuse. National human rights institutions can play a key role in facilitating safe spaces. 83. The Independent Expert further recommends that States ensure the immediate removal of any legal obstacles to the functioning of organizations working towards the protection and promotion of the rights of persons of diverse sexual orientations and gender identities, including provisions aimed at, used for or designed with the intention of criminalizing their work. 21