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 __________________ 27 6/12 A/HRC/22/17/Add.4, appendix. 24-24216

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