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Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, A/HRC/14/46, 17 May 2010

II. Compilation of good practices on legal and institutional frameworks for intelligence services and their oversight

J. Management and use of personal data

37. There is a number of general principles that apply to the protection of personal data that are commonly included in national laws[116] as well as in international instruments.[117] … A final safeguard is that States have explicitly stipulated that intelligence services are not allowed to store personal data on discriminatory grounds.[123]

Link to full text of the report: Report-SRCounterTerrorism-2010-eng


Footnotes    (↵ returns to text)

  1. 116. Japan, Act on the Protection of Personal Information held by Administrative organs; Switzerland, Loi fédérale sur la protection des données.
  2. 117. A/HRC/13/37, paras. 11–13. For specific examples of international principles, see the Council of Europe Convention the Protection of Individuals with regard to Automatic Processing of Personal Data (No. 108); the Organization for Economic Cooperation and Development, Guidelines on the Protection of Privacy and Transborder Data Flows of Personal Data (1980); The Guidelines for the Regulation of Computerized Personal data Files (General Assembly resolution 45/95 and E/CN.4/1990/72).
  3. 123. For example, in Ecuador, intelligence services are not allowed to store personal data on the basis of ethnicity, sexual orientation, religious belief, political position or of adherence to or membership in political, social, union, communitarian, cooperative, welfare, cultural or labour organizations; see Ecuador (footnote 15), art. 22.