A/HRC/RES/34/7
Welcoming also the work of the Special Rapporteur on the right to privacy, and
taking note of the reports of the Special Rapporteur on the right to privacy, 2 of the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism3 and of the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression, 4
Noting with appreciation general comment No. 16 (1988) of the Human Rights
Committee on the right to respect of privacy, family, home and correspondence, and
protection of honour and reputation, while also noting the vast technological leaps that have
taken place since its adoption and the need to discuss the right to privacy in view of the
challenges of the digital age,
Noting that, in its general comment No. 16, the Human Rights Committee
recommended that States take effective measures to prevent the unlawful retention,
processing and use of personal data stored by public authorities and business enterprises,
Recalling that the General Assembly in its resolution 71/199 encouraged the Human
Rights Council to remain actively seized of the debate on the right to privacy in the digital
age with the purpose of identifying and clarifying principles, standards and best practices
regarding the promotion and protection of the right to privacy, and to consider holding an
expert workshop as a contribution for a future report of the United Nations High
Commissioner for Human Rights on this matter,
Recognizing the need to further discuss and analyse, on the basis of international
human rights law, issues relating to the promotion and protection of the right to privacy in
the digital age, procedural safeguards, effective domestic oversight and remedies, the
impact of surveillance on the right to privacy and other human rights, as well as the need to
examine the principles of non-arbitrariness, lawfulness, legality, necessity and
proportionality in relation to surveillance practices,
Recognizing also that the discussion on the right to privacy should be based upon
existing international and domestic legal obligations, including international human rights
law, and relevant commitments, and should not open the path for undue interference with
an individual’s human rights,
Reaffirming the human right to privacy, according to which no one shall be
subjected to arbitrary or unlawful interference with his or her privacy, family, home or
correspondence, and the right to the protection of the law against such interference, and
recognizing that the exercise of the right to privacy is important for the realization of other
human rights, including the right to freedom of expression and to hold opinions without
interference, and the right to freedom of peaceful assembly and association, and is one of
the foundations of a democratic society,
Recognizing that the right to privacy can enable the enjoyment of other rights and
the free development of an individual’s personality and identity, and an individual’s ability
to participate in political, economic, social and cultural life, and noting with concern that
violations or abuses of the right to privacy might affect the enjoyment of other human
rights, including the right to freedom of expression and to hold opinions without
interference, and the right to freedom of peaceful assembly and association,
Noting that the rapid pace of technological development enables individuals all over
the world to use information and communications technology and at the same time
2
3
4
2
A/HRC/31/64, A/HRC/34/60 and A/71/368.
A/HRC/34/61 and A/69/397.
A/HRC/23/40 and Corr.1, A/HRC/29/32, A/HRC/32/38 and A/70/361.