A/HRC/RES/28/16
thereon,1 and recalling the panel discussion on the right to privacy in the digital age held
during the twenty-seventh session of the Human Rights Council, 2
Taking note of the report of the Special Rapporteur on the promotion and protection
of human rights and fundamental freedoms while countering terrorism 3 and the report 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 of the Human Rights Committee
on the right to respect of privacy, family, home and correspondence, and protection of
honour and reputation,5 while also noting the vast technological leaps that have taken place
since its adoption,
Recalling that the General Assembly in its resolution 69/166 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 the
possibility of establishing a special procedure to that end,
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 and lawfulness, and the relevance of necessity
and proportionality assessments in relation to surveillance practices,
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 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,
Noting that the rapid pace of technological development enables individuals all over
the world to use new information and communications technology and at the same time
enhances the capacity of governments, companies and individuals to undertake
surveillance, interception and data collection, which may violate or abuse human rights, in
particular the right to privacy, as set out in article 12 of the Universal Declaration of Human
Rights and article 17 of the International Covenant on Civil and Political Rights, and is
therefore an issue of increasing concern,
Noting also 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 preferences and identity,
Emphasizing that States must respect international human rights obligations
regarding the right to privacy when they intercept digital communications of individuals
1
2
3
4
5
2
A/HRC/27/37.
See A/HRC/28/39.
A/69/397.
A/HRC/23/40 and Corr.1.
Official Records of the General Assembly, Forty-third Session, Supplement No. 40 (A/43/40),
annex VI.