A/HRC/41/45 gender identity could result in social exclusion. 25 There have been several reports of such persons being harassed on social media in Azerbaijan,26 the Russian Federation27 and Sri Lanka.28 22. By definition, full State diligence to prevent, prosecute and punish violence and discrimination based on sexual orientation and gender identity and expression is impossible in environments in which the State criminalizes certain forms of sexual orientation and gender identity and expression. In those environments, fully effective data collection, that is, data collection that serves the purpose of addressing violence and discrimination, is also impossible. Indeed, in contexts such as those a presumption must exist that data is gathered for purposes that are contrary to international human rights law, a working theory supported by multiple accounts received by the mandate holder of data being used in such contexts as the basis for surveillance, harassment, entrapment, arrest and persecution by government officials. For example, it has been reported that certain dating applications or pictures with the watermark of those applications have been used by authorities in Egypt, the Islamic Republic of Iran, and Lebanon to prosecute or blackmail gay men. 29 In addition, several stakeholders expressed concern that within criminalized environments, or in States with insufficient legal protection,30 anti-propaganda laws,31 cybersecurity laws,32 child protection laws,33 or foreign revenue laws34 might be used to persecute persons on the basis of sexual orientation or gender identity. Some expressed concern that the practice of publishing private or identifying information about an individual with malicious intent – doxing – might be used as an oppressive tactic by State officials or by others with the acquiescence of the State.35 This practice can lead to harassment, attacks, threats of violence, job loss or disqualification from military service. 23. Some stakeholders concurred with the above-mentioned concerns, 36 while varying levels of concern were expressed, with some stakeholders suggesting that the existence of a criminalization law prevents any safe, trustworthy data collection from taking place, 37 and others suggesting that data collection be undertaken only if risks can be managed. 38 The misuse of data further endangers programming aimed at, for example, increasing access to health services: in Indonesia, for example, data concerning sexual orientation collected as 25 26 27 28 29 30 31 32 33 34 35 36 37 38 8 Submissions from AR Arcon, activist from the Philippines; Sarajevo Open Centre. CCPR/C/AZE/CO/4, para. 8. Joint civil society organization submission to the Special Rapporteur on the right to privacy (2018); resubmitted to the Independent Expert. E/C.12/LKA/CO/5, para. 17. Article 19, “Apps, arrests and abuse in Egypt, Lebanon and Iran” (2018). Available at www.article19.org/wp-content/uploads/2018/02/LGBTQ-Apps-Arrest-and-Abuse-report_22.2.18.pdf. See also submissions from Da se zna! and the Eastern European Coalition for LGBT+ Equality; joint civil society organization submission on privacy (2018). Submission from TODXS Núcleo. Submission from the Eastern European Coalition for LGBT+ Equality. Oral comment made during the consultations in Gaborone, with particular reference to Uganda. Submission from the ASEAN SOGIE Caucus. Submission from the Right Here Right Now consortium. With regard to the Philippines, see the Guidelines for the protection of SEC registered non-profit organizations from money laundering and terrorist financing abuse (“NPO Guidelines”), available at www.sec.gov.ph/wpcontent/uploads/2018/11/2018MCNo15.pdf. Submissions from Mujer y Mujer (Ecuador); the ASEAN SOGIE Caucus; Youth Voices Count (AsiaPacific regional network). Joint civil society submission on privacy. Submissions from Germany; New Zealand; Right Here Right Now consortium; Alternatives Cameroun and others; Kenya National Commission on Human Rights. Joint submission from youth organizations (anonymity requested). Submissions from Alternatives Cameroun and others; Kenya National Commission on Human Rights; Queer Youth Uganda; The Fenway Institute. Joint submission by youth organizations. Submission from Kaos GL (Turkey); commission on gender and diversity (Argentina); Asian-Pacific Resource and Research Centre for Women and others. Joint submission from youth organizations.