A/79/173 I. Background and justification 1. In accordance with the Charter of the United Nations, signed on 26 June 1945, 1 one of the objectives of the United Nations is “to achieve international co -operation ... in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion”. 2 The rights of individuals with respect to the processing of their personal data are therefore also among the concerns of the United Nations. 2. By its resolution 45/95 of 14 December 1990, the General Assembly 3 adopted the Guidelines for the regulation of computerized data files. 4 This resolution was preceded by Commission on Human Rights resolution 1990/42 of 6 March 1990 and Economic and Social Council resolution 1990/38 of 25 May 1990, entitled “Guidelines on the use of computerized personal files”. These guidelines are not legally binding on States but have been very important and have been incorporated by Governments into their domestic regulations and cited by judges and academics. 3. Resolution 45/95 was adopted in 1990 in response to the socio-technological realities of that time. Since then, new technological phenomena have arisen and advancements have been made that have transformed our society and are part of our daily lives. For example: • The emergence and expansion of public use of the Internet have revolutionized the way in which we gain access to and share information from all over the world. • Smartphones have become essential for communication, work, education and entertainment. • Digital social networks have transformed online communication and social connection. • Cloud computing has changed the way in which businesses and individuals manage information, as it allows them to gain access to and store online data and applications from around the world, from anywhere in the world. • Big data has enabled sophisticated analysis and decision-making based on the processing of large quantities of data. • Artificial intelligence is generating enormous expectations and changes owing to its advanced algorithms and its production of information. • The Internet of things enables the interconnection of physical devices through the Internet and the sharing of information in order to automate and remotely control various systems. __________________ 1 2 3 4 24-13146 The official text of the Charter of the United Nations is available on the Organization’s website: www.un.org/about-us/un-charter. Article 1, paragraph 3, of the Charter of the United Nations. Other purposes of the United Nations set forth in Article 1 are: “1. To maintain international peace and security ...; 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and 4. To be a centre for harmonizing the actions of nations in the attainment of these common ends”. The General Assembly is the chief deliberative, policymaking and representative organ of the United Nations (www.un.org/en/ga/about/background.shtml). The principles apply to the computerized files of public and private entities. They can also be applied, subject to certain adjustments, to manual files (see para. 10 of the Guidelines). 3/23