A/HRC/44/24 recognition technology devices but also throughout the entire life cycle of these tools. 80 Further in-depth studies about the accuracy and risks entailed by the use of facial recognition technology are needed to increase the understanding of its potential impact. 39. The use of surveillance technologies has grown rapidly over recent years with the support of the private sector. All business enterprises, including those that develop new technologies that are used to monitor the activities of civil society actors, have a responsibility to respect human rights, in line with the Guiding Principles on Business and Human Rights.81 They should have in place a policy commitment to meet that responsibility and carry out due diligence processes to identify, prevent, mitigate and account for how they address their impacts on human rights. In addition, they are expected to establish and maintain processes to address the adverse human rights impact they cause or to which they contribute. In particular, through their role in the development and provision of facial recognition technology, companies may contribute to human rights violations stemming from its use by State authorities. Corporate secrecy often prevents sufficient public scrutiny of facial recognition technology as a commercial product. As a result, companies are not fully accountable for the claims they make about the accuracy of facial recognition products or the implications for individuals’ rights. The lack of transparency and oversight also contributes to a lack of available remedies.82 40. Surveillance technologies are traded around the globe, making them easily accessible for a broad range of uses, including to carry out and facilitate unlawful and arbitrary surveillance. Adequate export control regimes for the sale of surveillance technology can be a powerful tool for limiting such abuses. States should refrain from granting export licences if there are indications that the surveillance tools at issue could be used in the importing country to violate or abuse human rights. Against the background of widespread abuse of surveillance technologies around the world, the Special Rapporteur on the right to freedom of opinion and expression has called for States to impose a moratorium on granting export licences for surveillance technologies until the use of those technologies can be technically restricted to lawful purposes that are consistent with human rights standards, or until it can be ensured that those technologies will only be exported to countries in which their use is subject to authorization – granted in accordance with due process and the standards of legality, necessity and legitimacy – by an independent and impartial judicial body. 83 The High Commissioner supports this call. VI. Other new technologies and assemblies: less-lethal weapons and ammunition technology 41. Less-lethal weapons and ammunition play a critical role in law enforcement, both in situations where some degree of force is necessary but where the use of firearms would be unlawful, and also as an alternative to lethal force. 84Appropriate less-lethal weapons should therefore be made available to law enforcement officials. 85 Although such weapons entail a lower risk of causing death or serious injury than firearms, however, less-lethal weapons may nonetheless kill or inflict serious injury if not used by trained law enforcement officials according to their specifications and international law principles on the use of force.86 42. Batons, pepper spray and tear gas have already been used in law enforcement for many decades. Advances in technology have led to the development and use of a number of new 80 81 82 83 84 85 86 A/HRC/43/29, paras. 51 and 60. A/HRC/17/31, annex. AI Now, written testimony to the House of Representatives of the United States of America, dated 15 January 2020. A/HRC/41/35, para. 49. See United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, advance edited version (2020). Available at www.ohchr.org/Documents/HRBodies/CCPR/ LLW_Guidance.pdf. Human Rights Council resolution 25/38. See United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement. 11