A/RES/73/179
The right to privacy in the digital age
Taking note of the reports of the Special Rapporteur of the Human Rights
Council on the right to privacy 9 and the reports of the Special Rapporteur of the
Human Rights Council on the promotion and protection of the right to freedom of
opinion and expression, 10
Welcoming the work of the Office of the United Nations High Commissioner for
Human Rights on the right to privacy in the digital age, noting with interest the report
of the High Commissioner thereon, 11 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,
Noting that the rapid pace of technological development enables individuals all
over the world to use new information and communications technologies 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 violations and abuses of the right to privacy in the digital age
may affect all individuals, with particular effects on women, as well as children and
those who are vulnerable and marginalized,
Recognizing that the promotion of and respect for the right to privacy are
important to the prevention of violence, including gender-based violence, abuse and
sexual harassment, in particular against women and children, which can occur in
digital and online spaces and includes cyberbullying and cyberstalking,
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 with appreciation general comment No. 16 of the Human Rights
Committee on article 17 of the International Covenant on Civil and Political Rights,
on the right to respect of privacy, family, home and correspondence, and protection
of honour and reputation, 12 while also noting the vast technological leaps that have
taken place since its adoption and the need to discuss the right to privacy in view of
the challenges of the digital age,
Recognizing the need to further discuss and analyse, based on 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, lawfulness, legality,
necessity and proportionality in relation to surveillance practices,
Noting the holding of the Global Multi-stakeholder Meeting on the Future of
Internet Governance (NETmundial) and the multi-stakeholder discussions that take
place annually in the Internet Governance Forum, which is a multi -stakeholder forum
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10
11
12
2/7
A/HRC/34/60 and A/72/540.
A/HRC/38/35 and A/73/348.
A/HRC/39/29.
Official Records of the General Assembly, Forty-third Session, Supplement No. 40 (A/43/40),
annex VI.
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