The Right to Privacy in the Digital Age

A/HRC/RES/28/16View PDF

Who created this mandate?

A Resolution of the Human Rights Council, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2015.

What other versions does this mandate have?

11 versions · 2014–2024

This is an older version — the most recent is A/RES/79/175

2024A/RES/79/175The right to privacy in the digital ageLatestCompare with previous version
2023A/RES/77/211The right to privacy in the digital ageCompare with previous version
2020A/RES/75/176The right to privacy in the digital ageCompare with previous version
2019A/RES/73/179The right to privacy in the digital ageCompare with previous version
2019A/HRC/RES/42/15The right to privacy in the digital ageCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

Who cites this mandate in the budget?

1 entity

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

4 topics

Digital Technology Internet Right to Privacy Special Rapporteurs

What does this mandate say?

17 operative paragraphs

Reaffirms the 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, 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;

Recognizes the global and open nature of the Internet and the rapid advancement in information and communications technology as a driving force in accelerating progress towards development in its various forms;

Affirms that the same rights that people have offline must also be protected online, including the right to privacy;

Decides to appoint, for a period of three years, a special rapporteur on the right to privacy, whose tasks will include:

To gather relevant information, including on international and national frameworks, national practices and experience, to study trends, developments and challenges in relation to the right to privacy and to make recommendations to ensure its promotion and protection, including in connection with the challenges arising from new technologies;

To seek, receive and respond to information, while avoiding duplication, from States, the United Nations and its agencies, programmes and funds, regional human rights mechanisms, national human rights institutions, civil society organizations, the private sector, including business enterprises, and any other relevant stakeholders or parties;

To identify possible obstacles to the promotion and protection of the right to privacy, to identify, exchange and promote principles and best practices at the national, regional and international levels, and to submit proposals and recommendations to the Human Rights Council in that regard, including with a view to particular challenges arising in the digital age;

To participate in and contribute to relevant international conferences and events with the aim of promoting a systematic and coherent approach on issues pertaining to the mandate;

To raise awareness concerning the importance of promoting and protecting the right to privacy, including with a view to particular challenges arising in the digital age, as well as concerning the importance of providing individuals whose right to privacy has been violated with access to effective remedy, consistent with international human rights obligations;

To integrate a gender perspective throughout the work of the mandate;

To report on alleged violations, wherever they may occur, of 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, including in connection with the challenges arising from new technologies, and to draw the attention of the Council and the United Nations High Commissioner for Human Rights to situations of particularly serious concern;

To submit an annual report to the Human Rights Council and to the General Assembly, starting at the thirty-first session and the seventy-first session respectively;

Invites the Special Rapporteur to include in the first report considerations that the mandate holder finds relevant to address the right to privacy in the digital age;

Calls upon all States to cooperate fully with and to assist the Special Rapporteur in the performance of the mandate, including by providing all necessary information requested by him or her, to respond promptly to his or her urgent appeals and other communications, to consider favourably the mandate holder’s requests to visit their countries and to consider implementing the recommendations made by the mandate holder in his or her reports;

Encourages all relevant stakeholders, including the United Nations and its agencies, programmes and funds, regional human rights mechanisms, national human rights institutions, civil society and the private sector to cooperate fully with the Special Rapporteur to enable the mandate holder to fulfil the mandate;

Requests the Secretary-General and the High Commissioner to provide the Special Rapporteur with all the human and financial resources necessary for the effective fulfilment of the mandate;

Decides to continue its consideration of the matter under the same agenda item.

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Who created this mandate?

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What does this mandate say?

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