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.

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