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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