A/RES/68/167
The right to privacy in the digital age
Welcoming the report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, 4 submitted to the
Human Rights Council at its twenty-third session, on the implications of State
surveillance of communications on the exercise of the human rights to privacy and
to freedom of opinion and expression,
Emphasizing that unlawful or arbitrary surveillance and/or interception of
communications, as well as unlawful or arbitrary collection of personal data, as
highly intrusive acts, violate the rights to privacy and to freedom of expression and
may contradict the tenets of a democratic society,
Noting that while concerns about public security may justify the gathering and
protection of certain sensitive information, States must ensure full compliance with
their obligations under international human rights law,
Deeply concerned at the negative impact that surveillance and/or interception
of communications, including extraterritorial surveillance and/or interception of
communications, as well as the collection of personal data, in particular when
carried out on a mass scale, may have on the exercise and enjoyment of human
rights,
Reaffirming that States must ensure that any measures taken to combat
terrorism are in compliance with their obligations under international law, in
particular international human rights, refugee and humanitarian law,
Reaffirms the right to privacy, according to which no one shall be
1.
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, as set out in article 12 of the Universal Declaration of Human Rights1
and article 17 of the International Covenant on Civil and Political Rights;2
2.
Recognizes the global and open nature of the Internet and the rapid
advancement in information and communications technologies as a driving force in
accelerating progress towards development in its various forms;
Affirms that the same rights that people have offline must also be
3.
protected online, including the right to privacy;
4.
Calls upon all States:
(a) To respect and protect the right to privacy, including in the context of
digital communication;
(b) To take measures to put an end to violations of those rights and to create
the conditions to prevent such violations, including by ensuring that relevant
national legislation complies with their obligations under international human rights
law;
(c) To review their procedures, practices and legislation regarding the
surveillance of communications, their interception and the collection of personal
data, including mass surveillance, interception and collection, with a view to
upholding the right to privacy by ensuring the full and effective implementation of
all their obligations under international human rights law;
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A/HRC/23/40 and Corr.1.