A/79/173
• Virtual reality and augmented reality have made it possible to create new digital
experiences, including games, training applications and simulations.
• Advancements in artificial intelligence and sensors have enabled cars to operate
independently, thereby transforming the transportation industry and the way in
which people travel.
• Neurotechnology has led to detailed knowledge of the brain and information on
the neural systems of individuals (highly sensitive data).
4.
None of these technological developments had taken place when General
Assembly resolution 45/95 was adopted. It is therefore necessary to update them in
order to bring them into line with the socio-technological reality of the twenty-first
century. In addition, current technology allows data to be collected anywhere in the
world from individuals domiciled or residing in other countries. This phenomenon,
known as “international data collection”, 5 is not envisaged in General Assembly
resolution 45/95. As the means by which data are most frequently collected from
individuals worldwide, it should be incorporated into international documents.
5.
Information is also essential to the functioning of technological tools, such as
artificial intelligence, given that an algorithm, by itself, is not sufficient to produce a
result; the result comes from the processing and analysis of information.
6.
Personal data is a specific category of information. Such data are so valuable
that they have been referred to as the “currency of the digital economy”. For example,
at the end of December 2022, the Organisation for Economic Co -operation and
Development (OECD) adopted the Declaration on a Trusted, Sustainable and
Inclusive Digital Future, 6 which highlights, among other things, “the outcomes of the
OECD Horizontal Project on Data Governance for Growth and Well-being … which
recognise the importance of data as a driver of the global economy” (emphasis
added).
7.
OECD has committed itself to, among other things, “advancing a human -centric
and rights-oriented digital transformation that includes promoting the enjoyment of
human rights, both offline and online, strong protections for personal data, laws and
regulations fit for the digital age, and trustworthy, secure, responsible and sustainable
use of emerging digital technologies and artificial intelligence”. 7
8.
On 23 January 2023, the European Parliament, the Council of the European
Union and the European Commission adopted the European Declaration on Digital
Rights and Principles for the Digital Decade, 8 in whose chapter III, entitled “Freedom
of choice”, under the subheading “A fair digital environment”, they committed
themselves to, among other things, “ensuring a safe and secure digital environment
based on fair competition, where fundamental rights ar e protected, users’ rights and
consumer protection in the Digital Single Market are ensured, and responsibilities of
platforms, especially large players and gatekeepers, are well defined”.
__________________
5
6
7
8
4/23
Nelson Remolina Angarita, Recolección internacional de datos personales: un reto del mundo
post-internet (Madrid, Spain, Official Gazette, 2015).
Organisation for Economic Co-operation, “Declaration on a Trusted, Sustainable and Inclusive
Digital Future”. The Declaration was the outcome of the meeting held on the island of Gran
Canaria, Spain, on 14 and 15 December 2022. The official text is availab le at
https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0488.
Ibid.
European Parliament, Council of the European Union and European Commission, European
Declaration on Digital Rights and Principles for the Digital Decade (2023/C 23/01), 23 January
2023. The official text is available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=
OJ%3AJOC_2023_023_R_0001.
24-13146