A/HRC/10/3 page 10 34. In combination with the frequent problem of poor-quality data, which can be wrongly recorded, wrongly interpreted or outdated when matched with other databases,19 major concerns arise that innocent people are identified as terrorist threats.20 These potential flaws in data collection are a cause of concern for the Special Rapporteur, especially as there is an increasing trend of facilitating personal data sharing amongst intelligence and law enforcement agencies at the national level and across borders within bilateral or multilateral frameworks such as the North Atlantic Treaty Organization (NATO) or the Shanghai Cooperation Organisation. 35. As a general element of best practice the Special Rapporteur invites Member States to adopt legislation which embodies basic data protection principles reflected in documents such as the guidelines concerning computerized personal data files adopted by the General Assembly in resolution 45/95.21 These guidelines start with the principle that “information about persons should not be collected or processed in unfair or unlawful ways, nor should it be used for ends contrary to the purposes and principles of the Charter of the United Nations”.22 This includes the obligation of all Member States to promote and respect human rights. The Special Rapporteur emphasizes that any departures from the principles of accuracy (art. 2), purpose limitation (art. 3), or access (art. 4) should be narrowly constructed. The Special Rapporteur reminds States especially of the fifth principle (non-discrimination, art. 5) that data “likely to give rise to unlawful or arbitrary discrimination, including information on racial or ethnic origin, colour, sex life, political opinions, religious, philosophical and other beliefs as well as membership of an association or trade union, should not be compiled”, and therefore should not be shared either. Exceptions to the fifth principle may be authorized only within the limits prescribed by the International Bill of Human Rights and other relevant instruments in the field of protection of human rights and the prevention of discrimination. In this context, the Special Rapporteur has serious concerns about the sharing of data and information between intelligence agencies in China, Russia, Kazakhstan, the Kyrgyz Republic, Tajikistan and Uzbekistan within the framework of the Shanghai Convention on Combating Terrorism, Separatism and Extremism. This sharing of data and information is not subject to any meaningful form of oversight and there are no human rights safeguards attached to data and information sharing. 36. The Special Rapporteur refers to best practice where the supply and receipt of data between intelligence agencies and its subsequent use is regulated by written agreements made 19 See F. Bignami, “Towards a right to privacy in transnational intelligence networks”, Michigan Journal of International Law, vol. 28, No. 3 (2007), p. 668. 20 See for instance the case of Bisher Al-Rahwi, documented in Amnesty International, State of Denial: Europe’s Role in Rendition and Secret Detention (London, Amnesty International Publications, 2008), p. 11. 21 See also, on a regional level, European Commission Working Party on the Protection of Individuals with regard to the Processing of Personal Data, Working Document: Transfers of personal data to third countries: applying articles 25 and 26 of the EU data protection directive, 24 July 1998. 22 E/CN.4/1990/72.