A/HRC/43/52
(b)
Ensure that an individual’s gender, whether in combination with age,
disability, indigeneity or other factors, does not obviate application of the recommendation
on the use of health-related data and does not nullify decisions made by individuals in relation
to their health care or the use of their health-related data;
(c)
Protect everyone from infringements of the right to privacy on the basis of
gender in health-care settings, including through the design of facilities, the management of
health-care services, staff practices and data processing;
(d)
Remove barriers to access to health services by introducing, for example, socalled safe access zones around facilities, including clinics for sexually transmitted infections
and women’s health centres;
(e)
Refrain from censoring, withholding or intentionally misrepresenting healthrelated information, including sexual education and information;
(f)
Recognize the:
(i)
Need for safe and private access, regardless of gender, to basic services such
as adequate public sanitation facilities in schools, workplaces, public services and
places of detention to ensure the safety of women, young girls and intersex and
gender-diverse individuals;
(ii)
Need for culturally gender-specific health care for communities such as
indigenous and tribal women.
K.
Data analytics
42.
States and non-State actors should ensure the highest attainable standard of data
protection for all individuals, regardless of their gender, by:
(a)
Adopting best practice data protection laws and regulation, including the
establishment of a well-resourced, independent privacy or data regulator with appropriate
powers and public reporting mechanisms;
(b)
Developing systems for the effective protection and use of data in ways that
benefit society and all individuals, regardless of their gender;
(c)
Regularly engaging with the public to develop policies relating to data
terminology, definitions and sensitivities associated with the intersex, transgender and
gender-diverse communities;
(d)
Reviewing legislative, regulatory or policy requirements relating to the
collection of sex and/or gender information and amending them as required to ensure
compliance with best practice data protection laws;
(e)
Collecting and maintaining the data, disaggregated by sex and gender,
necessary for the ongoing monitoring of gender equality and in accordance with best
standards of data protection law;
(f)
Removing biases in existing data sets through the identification of incomplete
or non-existent gender categories;
(g)
Employing the principles of data minimization, necessity and proportionality
when aggregating gender data so that only the minimum necessary level of detail is included
in a data set to achieve the intended positive outcome of the use of the data;
(h)
Taking appropriate and necessary measures to guarantee the confidentiality
and security of the personal data of individuals vulnerable on account of their gender, such
as same-sex couples;
(i)
Prohibiting the release of unit record data on sex or gender as open data;
(j)
Protecting personal information relating to sex and gender through regular
vulnerability assessments of information management systems and regular training for staff
on data privacy and data security;
17
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