2020 Resolution on the right to privacy in the digital age
Analysis of precedential value
This resolution was adopted by the UN General Assembly (UNGA) without a general vote in December 2020. The UNGA is the preeminent governing body of the UN system and consists of all 193 UN Member States.
Used as precedent
“Stressing also the need to ensure that national security and public health measures, including the use of technology to monitor and contain the spread of infectious diseases, are in full compliance with the obligations of States under international human rights law and adhere to the principles of lawfulness, legality, legitimacy with regard to the aim pursued, necessity and proportionality and the need to protect human rights, including the right to privacy, and personal data in the response to health or other emergencies” (p. 5)
“Noting the importance of protecting and respecting the right of individuals to privacy when designing, developing or deploying technological means in response to disasters, epidemics and pandemics, especially the coronavirus disease (COVID -19) pandemic, including digital exposure notification and contact tracing” (p. 5)
“Acknowledges that the conception, design, use, deployment and further development of new and emerging technologies, such as those that involve artificial intelligence, may have an impact on the enjoyment of the right to privacy and other human rights, and that the risks to these rights can and should be avoided and minimized by adapting or adopting adequate regulation or other appropriate mechanisms, in accordance with applicable obligations under international human rights law, for the conception, design, development and deployment of new and emerging technologies, including artificial intelligence, by taking measures to ensure a safe, transparent, accountable, secure and high quality data infrastructure and by developing human rights-based auditing mechanisms and redress mechanisms and establishing human oversight” (p. 5)