A/HRC/RES/42/15
with regard to the right to privacy, that are transforming Governments and societies,
economic sectors and the world of work,
Recognizing that, despite its positive effects, the use of artificial intelligence that
requires the processing of large amounts of data, often relating to personal data, including on
an individual’s behaviour, social relationships, private preferences and identity, can pose
serious risks to the right to privacy, in particular when employed for identification, tracking,
profiling, facial recognition, behavioural prediction or the scoring of individuals,
Noting that the use of artificial intelligence may, without adequate safeguards, pose
the risk of reinforcing discrimination, including structural inequalities,
Acknowledging that, while metadata may provide benefits, certain types of metadata,
when aggregated, can reveal personal information that can be no less sensitive than the actual
content of communications and can give an insight into an individual’s behaviour, social
relationships, private preferences and identity,
Noting with concern that automatic processing of personal data for individual
profiling, automated decision-making and machine learning technologies may, without
adequate safeguards, lead to discrimination or decisions that otherwise have the potential to
affect the enjoyment of human rights, including economic, social and cultural rights, and
recognizing the need to apply international human rights law in the design, development,
deployment, evaluation and regulation of these technologies, and to ensure they are subject
to adequate safeguards and oversight,
Expressing concern that individuals often do not and/or cannot provide their free,
explicit and informed consent to the collection, processing and storage of their data or to the
re-use, sale or multiple re-sale of their personal data, as the collecting, processing, use,
storage and sharing of personal data, including sensitive data, has increased significantly in
the digital age,
Emphasizing that unlawful or arbitrary surveillance and/or interception of
communications, the unlawful or arbitrary collection of personal data or unlawful or arbitrary
hacking and the unlawful or arbitrary use of biometric technologies, as highly intrusive acts,
violate or abuse the right to privacy, can interfere with other human rights, including the right
to freedom of expression and to hold opinions without interference, and the right to freedom
of peaceful assembly and association, and may contradict the tenets of a democratic society,
including when undertaken extraterritorially or on a mass scale,
Emphasizing also that States must respect international human rights obligations
regarding the right to privacy when they intercept digital communications of individuals
and/or collect personal data, when they share or otherwise provide access to data collected
through, inter alia, intelligence-sharing agreements, and when they require disclosure of
personal data from third parties, including business enterprises,
Noting the increase in the collection of sensitive biometric information from
individuals, and stressing that States must respect their human rights obligations and that
business enterprises should respect the right to privacy and other human rights when
collecting, processing, sharing and storing biometric information by, inter alia, adopting of
data protection policies and safeguards,
Noting also that, while the prevention and suppression of terrorism and violent
extremism conducive to terrorism is a public interest of great importance, and while concerns
about public security may justify the gathering and protection of certain sensitive
information, States must ensure full compliance with their obligations under international
human rights law,
Emphasizing that, in the digital age, technical solutions to secure and to protect the
confidentiality of digital communications, including measures for encryption,
pseudonymization and anonymity, can be important to ensure the enjoyment of human rights,
in particular the rights to privacy, to freedom of expression and to freedom of peaceful
assembly and association, and recognizing that States should refrain from employing
unlawful or arbitrary surveillance techniques,
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