A/79/173
15. However, information and personal data are a central and indispensable part of
cyberspace. Although there are different definitions of cyberspace, it should be
understood as comprising the following aspects:
• Technological infrastructure (technological resources) composed of countless
pieces of equipment (servers, computers, cell phones, tablets, etc.) located in
many parts of the world
• A worldwide platform for communications (global communications network),
information and interconnected networks (Internet), known as “global
information infrastructure”
• Millions of people and organizations of diverse nationalities that are based in
countries with dissimilar legal systems and that, from anywhere in the world,
use technology, communications and information to interact with other people,
and utilize the services available on the Internet
• Huge amounts of information (including personal data) that are constantly
circulating within countries and across borders
16. Little by little, we are witnessing a shift from a physical world demarcated by
geographical borders to a technological cyberspace without borders, in which the
number of people interacting at any one time is gradually increasing.
17. The global, international and cross-border nature of many activities conducted
through the Internet, such as e-commerce, has been a key aspect that has led to the
need for appropriate regulations in order to promote development and innovation, and
to sufficiently protect the right of individuals whose information is collected and used
by companies, people and Governments throughout the world. In the Declaration on
the Use of Scientific and Technological Progress in the Interests of Peace and for the
Benefit of Mankind, 12 the General Assembly recognizes not only that “scientific and
technological progress is of great importance in accelerating the social and economic
development of developing countries”, but also that, while such developments
“provide ever-increasing opportunities to better the conditions of life of peoples and
nations, in a number of instances they can give rise to social problems, as well as
threaten the human rights and fundamental freedoms of the individual”. For this
reason, the Assembly continues, there is a “need to make full use of scientific and
technological developments for the welfare of man and to neutralize the present and
possible future harmful consequences of certain scientific and technological
achievements”. Consequently, the Assembly agreed, among other things, that: “all
States shall take effective measures, including legislative measures, to prevent and
preclude the utilization of scientific and technological achievements to the detriment
of human rights and fundamental freedoms and the dignity of the human person”. 13
II. Reports of the Special Rapporteur on the right to privacy
on issues relevant to the updating of General Assembly
resolution 45/95
18. In a 2022 report, 14 the Special Rapporteur conducted a comparative study of
seven international documents in order to determine the scope of the following
principles relating to the processing of personal data: legality, lawfulness and
legitimacy, consent, transparency, purpose, fairness, proportionality, minimization,
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12
13
14
6/23
General Assembly resolution 3384 (XXX) of 10 November 1975.
Ibid., para. 8.
“Principles underpinning privacy and the protection of personal data”, report of the Special
Rapporteur on the right to privacy (A/77/196, 20 July 2022).
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