A/RES/79/175
The right to privacy in the digital age
the right to freedom of peaceful assembly and association, and is one of the
foundations of a democratic society,
Recalling with appreciation general comment No. 16 of the Human Rights
Committee on article 17 of the International Covenant on Civil and Political Rights,
on the right to respect of privacy, family, home and correspondence, and protection
of honour and reputation, 25 while also noting the vast technological leaps that have
taken place since its adoption and the need to discuss the right to privacy in view of
the challenges of the digital age,
Recognizing the need to further discuss and analyse, based on international
human rights law, issues relating to the promotion and protection of the right to
privacy in the digital age, procedural safeguards, effective domestic oversight and
remedies, the impact of surveillance on the right to privacy and other human rights,
as well as the need to examine the principles of non-arbitrariness, lawfulness, legality,
necessity and proportionality in relation to surveillance practices,
Recognizing also that the discussion on the right to privacy should be based
upon existing international and domestic legal obligations, including international
human rights law, as well as relevant commitments, and should not open the path for
undue interference with an individual’s human rights,
Recognizing further the need to ensure that international human rights
obligations are respected in the conception, design, development, deployment,
evaluation and regulation of data-driven technologies and to ensure that they are
subject to adequate safeguards and oversight,
Stressing the importance of full respect for the freedom to seek, receive and
impart information, including the fundamental importance of access to information
and democratic participation,
Recognizing that the right to privacy is important for the enjoyment of other
rights and can contribute to an individual’s ability to participate in political,
economic, social and cultural life, and noting with concern that violations or abuses
of the right to be free from unlawful or arbitrary interference with the right to privacy
might affect the enjoyment of other human rights, including the right to freedom of
expression and to hold opinions without interference, and the right to peaceful
assembly and freedom of association,
Noting that, while metadata may provide benefits, certain types of metadata,
when aggregated, can reveal personal information that can be no less sensitive than
the actual content of communications and can give an insight into an individual’s
behaviour, social relationships, private preferences and identity,
Expressing concern that individuals, particularly children, often do not and/or
cannot provide their free, explicit and informed consent to the collection, processing
and storage of their data or to the reuse, sale or multiple resale of their personal data,
as the collection, processing, use, storage and sharing of personal data, including
sensitive data, have increased significantly in the digital age,
Noting that general comment No. 16 of the Human Rights Committee
recommends that States take effective measures to prevent the unlawful retention,
processing and use of personal data stored by public authorities and business
enterprises,
Noting also that the use of artificial intelligence can contribute to the promotion
and protection of human rights and has the potential to transform Governments and
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Official Records of the General Assembly, Forty-third Session, Supplement No. 40 (A/43/40),
annex VI.
24-24216