A/79/173
6.
Power to make exceptions
Departures from principles 1 to 4 may be authorized only if they are necessary
to protect national security, public order, public health or morality, as well as,
inter alia, the rights and freedoms of others, especially persons being persecuted
(humanitarian clause), provided that such departures are expressly specified in
a law or equivalent regulation promulgated in accordance with the internal legal
system which expressly states their limits and sets forth appropriate safeguards.
Exceptions to principle 5 relating to the prohibition of discrimination, in
addition to being subject to the same safeguards as those prescribed for
exceptions to principles 1 and 4, may be authorized only within the limits
prescribed by the Universal Declaration of Human Rights and the other relevant
instruments in the field of protection of human rights and the prevention of
discrimination.
7.
Principle of security
Appropriate, reasonable, sufficient, useful and timely preventive measures must
be taken to protect files, databases and information systems against both natural
dangers, such as accidental loss or destruction, and human dangers, such as
unauthorized access, fraudulent misuse of data, contamination by computer
viruses, and the manipulation, loss, modification, destruction, damage,
disclosure or other misuse of information.
Security measures concerning the processing of personal data must be regularly
audited, reviewed and maintained and continuously updated.
Measures to ensure the adequate and timely management of potential security
incidents must also be taken, in order to prevent harm to data subjects,
controllers, processors and society at large.
8.
Principle of confidentiality
All persons involved in the processing of personal data that are not public in
nature have an obligation to ensure the confidentiality of the information, even
after the end of their relationship with any activities involved in the processing
of the data, and may only supply or communicate personal data as part of the
implementation of activities authorized by law or by the data subject.
9.
Enhanced protection for sensitive data
Some data are sensitive and affect the privacy of the data subject or, if used
improperly, may lead to discrimination against the data subject. Such data
include those that reveal the data subject’s racial or ethnic origin, political
leanings, religious or philosophical beliefs or membership in a trade union,
social or human rights organization or organization that promotes the interests
of any political party or that upholds the rights and guarantees of opposition
parties, as well as data relating to health, sexual life and sexual preferences,
neurodata (neural data), and genetic or biometric data intended to uniquely
identify a natural person.
This sensitive information must be subject to special enhanced responsibility
measures with regard to security, confidentiality, access and restrictions on
circulation, in order to prevent such data from being accessed, improperly used,
manipulated or destroyed.
10.
Special protection for data relating to children and adolescents
When processing personal data relating to children and adolescents, the priority
shall be the protection of their best interests, in accordance with the Convention
18/23
24-13146