A/RES/79/175
The right to privacy in the digital age
Noting with concern that certain predictive algorithms are likely to result in
discrimination, including when non-representative data are used,
Noting that the use of algorithmic or automated decision-making processes
online can affect the enjoyment of individuals’ rights offline,
Noting also that the use of data extraction and algorithms to target content
towards online users may undermine information integrity, user agency and access to
information online, as well as the right to privacy, which can result in intensifying
threats from misinformation, disinformation and hate speech, and may lead to
violence, including political violence, and recalling in this regard the Rabat Plan of
Action on the prohibition of advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence, 27
Noting with concern reports indicating lower accuracy of facial recognition
technologies with certain groups, including when non-representative training data are
used, that the use of digital technologies can exacerbate racial inequality and in this
context the importance of effective remedies,
Emphasizing that unlawful or arbitrary surveillance and/or interception of
communications, as well as the unlawful or arbitrary collection of personal data,
hacking and the unlawful use of biometric technologies, as highly intrusive acts,
violate the right to privacy, can interfere with the right to freedom of expression and
to hold opinions without interference, the right to freedom of peaceful assembly and
association and the right to freedom of religion or belief and may contradict the tenets
of a democratic society, including when undertaken extraterritorially or on a mass
scale,
Recognizing that the same rights that people have offline must also be protected
online, including the right to privacy,
Noting that the accelerated synchronization of online and offline spaces can
affect individuals’ enjoyment of their human rights, including their right to privacy,
Noting in particular that surveillance of digital communications must be
consistent with international human rights obligations and must be conducted on the
basis of a legal framework, which must be publicly accessible, clear, precise,
comprehensive and non-discriminatory, and that any interference with the right to
privacy must not be arbitrary or unlawful, bearing in mind what is reasonable with
regard to the pursuance of legitimate aims, and recalling that States that are parties to
the International Covenant on Civil and Political Rights must take the necessary steps
to adopt laws or other measures as may be necessary to give effect to the rights
recognized in the Covenant,
Expressing concern about the spread of disinformation and misinformation,
particularly on social media platforms, which can be designed and implemented so as
to mislead, to spread racism, xenophobia, negative stereotyping and stigmatization,
to violate and abuse human rights, including the right to privacy, to impede freedom
of expression, including the freedom to seek, receive and impart information, and to
incite all forms of violence, hatred, intolerance, discrimination and hostility, and
emphasizing the important contribution of journalists, civil society and academia in
countering this trend,
Noting with deep concern that, in many countries, persons and organizations
engaged in promoting and defending human rights and fundamental freedoms,
journalists and other media workers may frequently face threats and harassment and
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A/HRC/22/17/Add.4, appendix.
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