A/HRC/39/29
impossible to keep track of who holds what kind of information about them, let alone to
control the many ways in which that information can be used.
Biometric data
14.
States and business enterprises increasingly deploy systems relying on the collection
and use of biometric data, such as DNA, facial geometry, voice, retina or iris patterns and
fingerprints. Some countries have created immense centralized databases storing such
information for a diverse range of purposes, from national security and criminal
investigation to the identification of individuals for purposes of the provision of essential
services, such as social and financial services and education. State actors around the world
deploy closed-circuit television cameras in cities, train stations or airports that use facial
recognition to automatically identify and flag persons. Biometric-based technologies are
increasingly used to control migration, both at borders and within countries. The creation of
mass databases of biometric data raises significant human rights concerns. Such data is
particularly sensitive, as it is by definition inseparably linked to a particular person and that
person’s life, and has the potential to be gravely abused. For example, identity theft on the
basis of biometrics is extremely difficult to remedy and may seriously affect an individual’s
rights. Moreover, biometric data may be used for different purposes from those for which it
was collected, including the unlawful tracking and monitoring of individuals. Given those
risks, particular attention should be paid to questions of necessity and proportionality in the
collection of biometric data. Against that background, it is worrisome that some States are
embarking on vast biometric data-based projects without having adequate legal and
procedural safeguards in place.
Growing analytical power
15.
The analytical power of data-driven technology continues to grow exponentially.
Big data analytics and artificial intelligence increasingly enable States and business
enterprises to obtain fine-grained information about people’s lives, make inferences about
their physical and mental characteristics and create detailed personality profiles. Many
systems used by Governments and business enterprises are built for that precise purpose —
maximizing the amount of information on individuals in order to analyse, profile, assess,
categorize and eventually make decisions, often automated, about them.
16.
The resulting environment carries risks for individuals and societies that can hardly
be overestimated. For example, recent years have seen data breaches of huge scope,
exposing the persons concerned to identity theft and the disclosure of intimate information.
Illegitimate data collection and analysis have been connected to the targeting of voters.
Profiles, “scoring” and “ranking” of individuals can be used for assessing eligibility for
health care, other insurance coverage, financial services and beyond. Opaque data-based
decisions in high-stakes cases, for example in sentencing procedures and recidivism
assessments, may threaten due process. Attempts to identify individuals as potential
security threats in the context of predictive policing raise concerns, given the issues
surrounding transparency, overbreadth, accountability and the potential for discriminatory
outcomes.18
B.
State surveillance and communications interception
Mass surveillance
17.
Many States continue to engage in secret mass surveillance and communications
interception, collecting, storing and analysing the data of all users relating to a broad range
of means of communication (for example, emails, telephone and video calls, text messages
and websites visited). While some States claim that such indiscriminate mass surveillance is
necessary to protect national security, this practice is “not permissible under international
human rights law, as an individualized necessity and proportionality analysis would not be
18
See Ajay Sandhu, “Data driven policing: highlighting some risks associated with predicting crime”,
Human Rights Centre, Essex University.
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