A/79/173 • It is necessary to continue making progress towards finding a balance between the different interests involved in the processing of personal data in the current global and digital era, in pursuit of regulatory cooperation and harmonization. 15 20. In a 2021 report on artificial intelligence and privacy, and children’s privacy, 16 the Special Rapporteur provided the information described below. 21. First, with respect to children’s privacy, he concluded that it was necessary, among other things, to adopt policies, laws and standards which: • Cast children as the bearers of human rights where their rights to privacy, autonomy and equality are inalienable. • Incorporate the broad scope of privacy, not solely data protection, to enable the full development of children’s potential. • Incorporate children’s views, children’s strategies for privacy, findings of child focused research and/or child privacy impact assessments in public policy settings. • Provide independent means to conciliate, arbitrate and remedy individual or systemic human rights violations against children and ensure that enforcement measures are taken in case of infringements. 17 22. He also made the following recommendations: • Ensure that biometric data is not collected from children, unless as an exceptional measure only when lawful, necessary, proportionate and fully in line with the rights of the child. • Ensure that children’s personal data is processed fairly, accurately, securely, for a specific purpose in accordance with a legitimate legal basis utilizing data protection frameworks representing best practice, such as the General Data Protection Regulation and Convention 108+. • Ensure that those who process personal data, including parents or carers and educators, are made aware of children’s right to privacy and data protection. • Ensure that information is available to children on exercising their rights on, for example, the websites of data protection authorities, and ensure the provision of counselling, complaint mechanisms and remedies specifically for children, including for cyberbullying. • Prohibit automated processing of personal data that profiles children for decision-making concerning the child or to analyse or predict personal preferences, behaviour and attitudes, with exemption only in exceptional circumstances in the best interests of the child or an overriding public interest, with appropriate legal safeguards. 18 23. Second, the Special Rapporteur made recommendations on the protection of privacy in the development and implementation of artificial intelligence -based solutions, in order to “provide guiding principles concerning the use of personal and non-personal information in the context of artificial intelligence (AI) solutions developed as part of applied information and communications technologies (ICTs), and to emphasize the importance of a legitimate basis for AI data processing by __________________ 15 16 17 18 8/23 Ibid., paras. 138–150. “Artificial intelligence and privacy, and children’s privacy”, report of the Special Rapporteur on the right to privacy (A/HRC/46/37, 25 January 2021). Ibid., para. 126. Ibid., para. 127. 24-13146