Activities of the Working Group 2014, para. 89d

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Paragraph text: [In accordance with paragraph 92 of the Durban Programme of Action, States should also:] Adopt laws regulating the collection and processing of ethnic and racial data that protect fundamental freedoms, including the right to privacy, provide the necessary safeguards for protecting data from misuse, such as racial profiling and negative monitoring, and ensure confidentiality of information, in accordance with relevant regional and international standards, in particular the Guidelines for the Regulation of Computerized Personal Data Files concerning the legality, fairness, accuracy and relevance of data, purpose-specification, interested-party access, non-discrimination, security, oversight and penalties. The normative framework should be approved beforehand and lay down the following minimum conditions: the person must give explicit consent; the data collection must serve the public interest, namely, the fight against racial discrimination; and the framework must be legally binding;

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Reference: WG People of African Descent, Report to the UNGA (2014), A/69/318, para. 89d.