A/HRC/RES/42/15 1. Reaffirms the right to privacy, according to which no one shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, and the right to the protection of the law against such interference, as set out in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights; 2. Recalls that States should ensure that any interference with the right to privacy is consistent with the principles of legality, necessity and proportionality; 3. Recognizes the global and open nature of the Internet and the rapid advancement in information and communications technology as a driving force in accelerating progress towards development in its various forms, including in achieving the Sustainable Development Goals; 4. Affirms that the same rights that people have offline must also be protected online, including the right to privacy; 5. Acknowledges that the use, deployment and further development of new and emerging technologies, such as artificial intelligence, can impact the enjoyment of the right to privacy and other human rights, and that the risks to the right to privacy can and should be minimized by adopting adequate regulation or other appropriate mechanisms, including by taking into account international human rights law in the design, development and deployment of new and emerging technologies, such as artificial intelligence, by ensuring a safe, secure and high-quality data infrastructure and by developing human-centred auditing mechanisms, as well as redress mechanisms; 6. Calls upon all States: (a) To respect and protect the right to privacy, including in the context of digital communications; (b) To take measures to end violations and abuses of the right to privacy and to create the conditions to prevent such violations and abuses, including by ensuring that relevant national legislation complies with their obligations under international human rights law; (c) To review, on a regular basis, their procedures, practices and legislation regarding the surveillance of communications, including mass surveillance and the interception and collection of personal data, as well as regarding the use of profiling, automated decision-making, machine learning and biometric technologies, with a view to upholding the right to privacy by ensuring the full and effective implementation of all their obligations under international human rights law; (d) To ensure that any measures taken to counter terrorism and violent extremism conducive to terrorism that interfere with the right to privacy are consistent with the principles of legality, necessity and proportionality, and comply with their obligations under international law; (e) To establish or maintain existing independent, effective, adequately resourced and impartial judicial, administrative and/or parliamentary domestic oversight mechanisms capable of ensuring transparency, as appropriate, and accountability for State surveillance of communications, their interception and the collection of personal data; (f) To develop or maintain and implement adequate legislation, with effective sanctions and remedies, that protects individuals against violations and abuses of the right to privacy, namely through the unlawful or arbitrary collection, processing, retention or use of personal data by individuals, Governments, business enterprises and private organizations; (g) To consider adopting or reviewing legislation, regulations or policies to ensure that business enterprises fully incorporate the right to privacy and other relevant human rights into the design, development, deployment and evaluation of technologies, including artificial intelligence, and to provide individuals whose rights may have been violated or abused with access to an effective remedy, including reparation and guarantees of non-repetition; (h) To further develop or maintain, in this regard, preventive measures and remedies for violations and abuses regarding the right to privacy in the digital age that may 4

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents