A/RES/71/199
The right to privacy in the digital age
Noting that general comment No. 16 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 increasing capabilities of business enterprises to collect,
process and use personal data can pose a risk to the enjoyment of the right to
privacy in the digital age,
Welcoming measures taken by business enterprises, on a voluntary basis, to
provide transparency to their users about their policies regarding requests by State
authorities for access to user data and information,
Recalling that business enterprises have a responsibility to respect human
rights, applicable laws, international principles and standards,
Deeply concerned at the negative impact that surveillance and/or interception
of communications, including extraterritorial surveillance and/or interception of
communications, as well as the collection of personal data, in particular when
carried out on a mass scale, may have on the exercise and enjoyment of human
rights,
Noting with deep concern that, in many countries, persons and organizations
engaged in promoting and defending human rights and fundamental freedoms
frequently face threats and harassment and suffer insecurity as well as unlawful or
arbitrary interference with their right to privacy as a result of their activities,
Noting that, while concerns about public security may justify the gathering and
protection of certain sensitive information, States must ensu re full compliance with
their obligations under international human rights law,
Noting also, in that respect, that the prevention and suppression of terrorism is
a public interest of great importance, while reaffirming that States must ensure that
any measures taken to combat terrorism are in compliance with their obligations
under international law, in particular international human rights, refugee and
humanitarian law,
Recognizing that an open, secure, stable, accessible and peaceful information
and communications technology environment is important to the realization of the
right to privacy in the digital age,
1.
Reaffirms the right to privacy, according to which no one shall be
subjected to arbitrary or unlawful interference with his or her privacy, family, home
or correspondence, and the right to the protection of the law against such
interference, as set out in article 12 of the Universal Declaration of Human Rights 1
and article 17 of the International Covenant on Civil and Political Rights; 2
2.
Recognizes the global and open nature of the Internet and the rapid
advancement in information and communications technologies as a driving force in
accelerating progress towards development in its various forms, including in
achieving the Sustainable Development Goals;11
3.
Affirms that the same rights that people have offline must also be
protected online, including the right to privacy;
4.
Encourages all States to promote an open, secure, stable, accessible and
peaceful information and communications technology environment based on respect
for international law, including the obligations enshrined in the Charter of the
United Nations and human rights instruments;
4/6