Right to Privacy: Human Rights Council creates UN Special Rapporteur

Right to Privacy: Human Rights Council creates UN Special Rapporteur

The UN Human Rights Council today adopted a landmark resolution on “the right to privacy in the digital age” that will establish for the first time a UN Special Rapporteur on the Right to Privacy.The resolution faced some challenges during negotiations, but was adopted without a vote (i.e. by consensus).

The Rapporteur will be appointed later this year. The Council has invited him or her to include in initial reports to the Council and UN General Assembly, a focus on the challenges to the right of privacy arising from developments in digital and communications technology in “the digital age”. However, the mandate is able to deal with all aspects of the right to privacy.

The initiative has been strongly supported by civil society organisations including the ICJ, including in the form of a joint open letter, and a joint oral statement on behalf of some 92 NGOs from around the world.

The draft resolution, as adopted, may be downloaded here: HRC28-Privacy-DraftRes-2015

92 NGOs call for Special Rapporteur on Privacy at UN

92 NGOs call for Special Rapporteur on Privacy at UN

The ICJ today supported, with 91 other NGOs from around the world including a number of ICJ national sections and affiliates, an oral statement calling on the UN Human Rights Council to establish a Special Rapporteur on Privacy at its current session.

The UN General Assembly, the UN High Commissioner for Human Rights, existing special procedure mandate holders, and many states and civil society organisations have  recognized the pressing need to provide continuous, systematic and authoritative guidance on the scope and content of the right to privacy as enshrined in article 12 of UDHR and article 17 of ICCPR. Significantly, all of them have identified the need to assess and monitor the ongoing implementation of this right. The creation of a Special Rapporteur would fill this long-standing gap.

Although the initiative has its origins in concerns about online and telecommunications surveillance, the call is for the creation of a Special Rapporteur with a mandate to look at all aspects of the right to privacy, in all contexts, including issues relating to private sector practices.

The text of the oral statement, delivered by Article 19, can be downloaded here: Advocacy-HRC28-Privacy-JointOralStatement-2015

 

NGOs call for UN Special Rapporteur on Privacy

NGOs call for UN Special Rapporteur on Privacy

The ICJ today joins with dozens of other NGOs from around the world in an open letter calling for the UN Human Rights Council to establish a Special Rapporteur on Privacy at its current session.

The UN General Assembly, the UN High Commissioner for Human Rights, existing special procedure mandate holders, and many states and civil society organisations have  recognized the pressing need to provide continuous, systematic and authoritative guidance on the scope and content of the right to privacy as enshrined in article 12 of UDHR and article 17 of ICCPR. Significantly, all of them have identified the need to assess and monitor the ongoing implementation of this right. The creation of a Special Rapporteur would fill this long-standing gap.

Although the initiative, led by Germany and Brazil, has its origins in concerns about online and telecommunications surveillance, the call is for the creation of a Special Rapporteur with a mandate to look at all aspects of the right to privacy, in all contexts, including issues relating to private sector practices.

HRC28-SRPrivacy-Advocacy-JointLetter-2015

Privacy and electronic surveillance: discussion at the UN Human Rights Council

Privacy and electronic surveillance: discussion at the UN Human Rights Council

ICJ supported a joint written statement by civil society organizations  highlighting threats to privacy and other human rights engendered by electronic surveillance, and calling for the establishment of a UN mechanism on the issue, as the UN Human Rights Council discussed the issue in Geneva.

The organizations urge the Council to establish a dedicated special procedure mandate on the right to privacy for the following reasons:

  • A dedicated mandate holder would play a critical role in developing common understandings and furthering a considered and substantive interpretation of the right across a variety of settings, as recommended by the report. A dedicated mandate holder would also be an independent expert, allowing for a neutral articulation of the application of the right to privacy that draws on the input of all stakeholders.
  • Establishing a separate mandate for privacy would allow for the development of a coherent and complementary approach to the interaction between privacy, freedom of expression, and other rights.
  • A dedicated mandate holder would help assess the implementation by state and non-state actors of their applicable international responsibilities and obligations in a sustained and systematic way. Functions should include carrying out country visits; collecting best practices; receiving and seeking information from states, businesses, and other stakeholders; and issuing recommendations.

 

The full written statement, submitted by Human Rights Watch and endorsed by the other organisations, can be downloaded here (ICJ-UN-HRC27-JointStatementPrivacy-12092014) in PDF format.

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