A/HRC/46/37 United Nations General Assembly Distr.: General 25 January 2021 Original: English Human Rights Council Forty-sixth session 22 February–19 March 2021 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Artificial intelligence and privacy, and children’s privacy Report of the Special Rapporteur on the right to privacy, Joseph A. Cannataci*, ** Summary The present report is prepared pursuant to Human Rights Council resolutions 28/16 and 37/2. Never has the human right to privacy been more important and more under siege. Technological trends, as foreshadowed in 2015, have posed ever more challenges for the enjoyment of the right to privacy. In the present report, the final report of the inaugural Special Rapporteur on the right to privacy, he addresses two separate challenges: firstly, artificial intelligence and privacy, then children’s privacy, particularly privacy’s role in supporting autonomy and positive participation in society. Guidance and recommendations, developed through consultation and research, are outlined to address those challenges. Along with other recommendations of the Special Rapporteur in his previous reports, the present report completes the workplan presented to the Human Rights Council in 2016 (A/HRC/31/64). An overview of the Special Rapporteur’s activities conducted under the mandate activities since 2015 is contained in the annexes. * Agreement was reached to publish the present report after the standard publication date owing to circumstances beyond the submitter’s control. ** The annexes to the present report are circulated as received, in the language of submission only. GE.21-00896(E)

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