A/HRC/44/24
(i)
Refrain from recording footage of assembly participants, unless there are
concrete indications that participants are engaging in, or will engage in, serious
criminal activity, and such recording is provided by law, with the necessary robust
safeguards;
(j)
Establish a moratorium on the use of facial recognition technology in the
context of peaceful assemblies, at least until the authorities responsible can demonstrate
compliance with privacy and data protection standards as well as the absence of
significant accuracy issues and discriminatory impacts, and until the following
recommendations are implemented:
(i)
Systematically conduct human rights due diligence before deploying facial
recognition technology devices and throughout the entire life cycle of the tools
deployed;
(ii)
Establish effective, independent and impartial oversight mechanisms for
the use of facial recognition technology, such as independent data protection
authorities, and consider imposing a requirement of prior authorization by an
independent body for the use of facial recognition technologies in the context of
assemblies;
(iii) Put in place strict privacy and data protection laws that regulate the
collection, retention, analysis and otherwise processing of personal data,
including facial templates;
(iv) Ensure transparency about the use of image recordings and facial
recognition technology in the context of assemblies, including through informed
consultations with the public, experts and civil society, and the provision of
information regarding the acquisition of facial recognition technology, the
suppliers of such technology and the accuracy of the tools;
(v)
When relying on private companies to procure or deploy these facial
recognition technologies, request that companies carry out human rights due
diligence to identify, prevent, mitigate and address potential and actual adverse
impact on human rights and, in particular, ensure that data protection and nondiscrimination requirements be included in the design and the implementation
of these technologies;
(k)
Given the frequency with which less-lethal weapons and ammunition have
caused substantial harm in the context of peaceful assemblies, apply the standards of
necessity and proportionality rigorously to their use, including by refraining from the
use of such weapons in situations of crowd control that can be addressed through less
harmful means,113 and ensure that the use of less lethal weapons is closely monitored;
(l)
Take into account the United Nations Human Rights Guidance on LessLethal Weapons in Law Enforcement, which supplements and complements the Code of
Conduct for Law Enforcement Officials114 and the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials;115
(m) Ensure mandatory training for all law enforcement personnel on lesslethal weapons and ammunition, including on international norms and standards on
the use of force and human rights, and restrict the use of less-lethal weapons and
ammunition to law enforcement officials who have undergone appropriate training;
(n)
Ensure accountability for human rights violations related to the improper
use of less-lethal weapons and ammunition by law enforcement in the context of
assemblies through judicial or non-judicial mechanisms, such as commissions of inquiry
or disciplinary boards, and ensure that investigations into the misuse of less-lethal
113
114
115
Human Rights Committee, general comment No. 36, para. 14.
General Assembly resolution 34/169, annex.
General Assembly resolution 45/166.
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