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UN General Assembly backs right to privacy in digital age
an article by UN News Centre, 19 December 2013 (abridged)
Deeply concerned that electronic surveillance,
interception of digital communications and
collection of personal data may negatively impact
human rights, the United Nations General Assembly
has adopted a consensus resolution strongly
backing the right to privacy, calling on all
countries take measures to end activities that
violate this fundamental “tenet of a democratic
society.”
A view of the temporary General Assembly hall. UN Photo/Amanda Voisard (file photo)
click on photo to enlarge
By a text entitled “Right to privacy in the
digital age,” the Assembly weighed in on the
emerging issue, underscoring that the right to
privacy is a human right and affirming, for the
first time, that the same rights people have
offline must also be protected online. It called
on States to “respect and protect the right to
privacy, including in the context of digital
communication.”
The measure, crafted by Brazil and Germany, was
among the more than 65 texts recommended by the
Assembly’s Third Committee (Social, Humanitarian
and Cultural) yesterday on a range of issues
relating mainly to human rights, social
development and crime prevention.
Noting that while concerns about public security
may justify the gathering and protection of
certain sensitive information, the text states
that governments must ensure full compliance with
their obligations under international human rights
law. It calls on States to establish or maintain
existing independent, effective domestic oversight
capable of ensuring transparency, as appropriate,
and accountability for surveillance and/or
interception of communications and the collection
of personal data.
The resolution also requests the UN High
Commissioner for Human Rights, Navi Pillay, to
submit a report on the protection and promotion of
the right to privacy in the context of domestic
and extraterritorial surveillance and/or
interception of digital communications and the
collection of personal data, including on a mass
scale, to the Geneva-based Human Rights Council at
its 27th session and to the Assembly at its 69th
session.
Earlier in the year, Ms. Pillay spotlighted the
right to privacy, using the case of United States
citizen Edward Snowden to illustrate the urgent
need to protect individuals who reveal human rights
violations.
“Snowden's case has shown the need to protect
persons disclosing information on matters that
have implications for human rights, as well as the
importance of ensuring respect for the right to
privacy,” she said, adding that national legal
systems must ensure avenues for individuals
disclosing violations of human rights to express
their concern without fear of reprisals.
“The right to privacy, the right to access to
information and freedom of expression are closely
linked. The public has the democratic right to
take part in the public affairs and this right
cannot be effectively exercised by solely relying
on authorized information.” . .
She also recalled that Article 12 of the Universal
Declaration of Human Rights and Article 17 of the
International Covenant on Civil and Political
Rights state that no one shall be subjected to
arbitrary interference with one's privacy, family,
home or correspondence, and that everyone has the
right to the protection of the law against such
interference or attacks.
“People need to be confident that their private
communications are not being unduly scrutinized by
the State,” she said.
[Note: Thank you to the Good News Agency
for calling our attention to this news event.]
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DISCUSSION
Question(s) related to this article:
Is Internet freedom a basic human right?,
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LATEST READER COMMENT:
Here are additional remarks from the speech by Mary Robinson.
It has been inspiring to see how new communications technologies have allowed us to expand the space for public debate in recent years. The internet has enabled an explosion of information and expression worldwide, and while I am sceptical about claims that Twitter and Facebook ‘caused’ events like the Arab Awakening, it is evident that social media was an indispensable tool in the dissemination of uncensored information and the coordination of public protests in the region.
This raises questions concerning the role of companies and highlights a critical gap – many business leaders are taking major decisions on their own, often without a firm understanding of their impacts on human rights. To help mainstream respect for human rights in corporate decision-making, the European Commission has embarked on a project to develop guidance for three critical industry sectors, including information and communication technologies, which are so important in today’s world. My colleagues at the Institute for Human Rights and Business and Shift are working with the Commission to develop this guidance in order to give practical meaning to the UN Guiding Principles on Business and Human Rights, which were adopted in 2011.
As these tools become more accessible to people around the world – by 2020 there will be an estimated 5 billion people with access to the internet – civil society becomes better-equipped to engage in public life. Citizens have used mobile phones and internet platforms to record human rights abuses, pressure leaders to become more accountable, and connect and work together across borders. As one young Egyptian told us, “the only borders now are on maps.”
At the same time, our expectations are getting higher – and this is a good thing. When we are used to finding information freely available online, we expect to have the right to access that information without restriction. When we see various world leaders on Twitter, we expect to be able to contact our own leaders directly through such platforms. . ...more.
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