A/HRC/43/29 and must be in proportion to that aim. According to the Human Rights Committee, restrictions must be the least intrusive option available, 27 and must not be applied or invoked in a manner that would impair the essence of a right. 28 They need to be prescribed by publicly available law that clearly specifies the circumstances under which a restriction may occur.29 46. In the light of the foregoing, an assessment of the necessity and proportionality of the implementation of a biometric identity system would consider the intrusiveness of taking biometric information, the heightened safety risks linked to biometric databases and the risks of abuse of such databases, such as for monitoring of political opponents or for other purposes beyond the scope and purposes of the original implementation. Based on this, the assessment would investigate whether the purposes of the biometric system justified the means sought to achieve them, and whether less intrusive ways for verifying people’s identity could achieve those ends. Where biometric systems are deployed, less intrusive approaches should be made available to those who choose to opt out of such systems whenever feasible. C. Empowering rights holders 47. The development, diffusion and adoption of new technologies consistent with international obligations can be enhanced by effective and meaningful participation of rights holders. Towards that end, States should create opportunities for rights holders, particularly those most affected or likely to suffer adverse consequences, to effectively participate and contribute to the development process, and facilitate targeted adoption of new technologies. Through participation and inclusive consultation, States can determine what technologies would be most appropriate and effective as they pursue balanced and integrated sustainable development with economic efficiency, environmental sustainability, inclusion and equity. 48. Access to new technologies needs to be accompanied by measures to promote and protect economic, social and cultural rights, with a specific emphasis on poor and marginalized people to empower them and build their capacity to take full advantage of those technologies. Enhanced opportunities for jobs, access to education, health and other public services, infrastructure, and social protection systems are critical for such empowerment, as are adjustments to laws, policies and social norms that discriminate against poor people and other social groups. Investing in physical infrastructure such as computers, broadband networks and markets, strengthening endogenous capacities for innovation and adaptation of relevant technologies, and developing institutional and regulatory frameworks are essential to maximizing the sustainable development impact of new technologies (E/2018/50, p. 8). 49. Investing in the right to social protection in particular will be critical to ensuring that people can harness the benefits of economic and technological change, and mitigate the risks and uncertainties arising from it, in order to protect and fulfil their human rights. As noted, the absence of formal, standard employment relationships in the gig economy and elsewhere has contributed to considerable gaps in social protection coverage and adequacy. States need to protect the rights of workers in all forms of employment, particularly those engaged in digital labour platforms, to ensure their rights to equal pay and to freedom of association and collective bargaining. 27 28 29 General comment No. 27 (1999) on freedom of movement, para. 14. General comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 6. General comments No. 27, paras. 11–13, and No. 16 (1988) on the right to privacy, paras. 3 and 8; A/HRC/39/29, para. 10; A/HRC/29/32, para. 33. 11

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