The right to privacy in the digital age
A/RES/71/199
Recognizing that the discussion on the right to privacy should be based upon
existing international and domestic legal obligations, including international human
rights law, as well as relevant commitments, and should not open the path for undue
interference with an individual’s human rights,
Stressing the importance of full respect for the freedom to seek, receive and
impart information, including the fundamental importance of access to information
and democratic participation,
Recalling that the right to privacy is important for the exercise of freed om of
expression, including the right to seek, receive and impart information, and
contributes to the development of an individual’s ability to participate in political,
economic, social and cultural life and that digital technology has a considerable
impact on the enjoyment of these rights,
Noting that, while metadata can provide benefits, certain types of metadata,
when aggregated, can reveal personal information and can give an insight into an
individual’s behaviour, social relationships, private prefer ences and identity,
Expressing concern that individuals often do not provide their free, explicit
and informed consent to the sale or multiple resale of their personal data, as the
collecting, processing and sharing of personal data, including sensitive d ata, have
increased significantly in the digital age,
Emphasizing that unlawful or arbitrary surveillance and/or interception of
communications, as well as the unlawful or arbitrary collection of personal data, as
highly intrusive acts, violate the right to privacy, can interfere with the right to
freedom of expression and may contradict the tenets of a democratic society,
including when undertaken on a mass scale,
Recognizing that the same rights that people have offline must also be
protected online, including the 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 to the
pursuance of legitimate aims, and recalling that States that are parties to th e
International Covenant on Civil and Political Rights must undertake the necessary
steps to adopt laws or other measures as may be necessary to give effect to the rights
recognized in the Covenant,
Emphasizing that States must respect international human rights obligations
regarding the right to privacy when they intercept digital communications of
individuals and/or collect personal data and when they require disclosure of
personal data from third parties, including private companies,
Recognizing the global and open nature of the Internet as a driving force in
accelerating progress towards development in its various forms, including in
achieving the Sustainable Development Goals, 11
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11
See resolution 70/1.
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