On UN level, there are also soft law instruments regarding data privacy.
10 These
include the “UN Fundamental Principles of Official Statistics” and “The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems”, but also
instruments of specialized agencies of the UN. Namely, those are the United Nations
Educational Science and Cultural Organization (UNESCO), International Labour
Organization (ILO), International Organization for Migration (IOM) and the World
Food Programme (WFP).
11
Further regulation on supranational level can be found in collective institutions
such as APEC, OECD or ECOWAS. Regulation by the CoE should be
mentioned, too.
In summary, the following sources of law regarding data protection on both UN
and supranational level need to be taken into consideration:
(1) Article 12 of the Universal Declaration of Human Rights (UDHR) of 1948:
No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honour and reputation.
Everyone has the right to the protection of the law against such interference
or attacks.
(2) Article 17 of the International Covenant on Civil and Political Rights (ICCPR)
of 1966:
1. No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the law against such interference
or attacks.
(3) UN Guidelines for the Regulation of Computerized Personal Data Files
(UN Guidelines) of 1990
(4) Policy on the Protection of Personal Data of Persons of Concern to UNHCR
(UNHCR Policy) of 2015
(5) Article 22 of the UN Convention on the Rights of Persons with Disabilities
(CRPD) of 2006:
1. No person with disabilities, regardless of place of residence or living
arrangements, shall be subjected to arbitrary or unlawful interference with
his or her privacy, family, home or correspondence or other types of
communication or to unlawful attacks on his or her honour and reputation.
Persons with disabilities have the right to the protection of the law against
such interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation
information of persons with disabilities on an equal basis with others.
10 Yilma (2018), p. 6.
11 Yilma (2018), pp. 7 f.
UN Regulations
521
10 These
include the “UN Fundamental Principles of Official Statistics” and “The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems”, but also
instruments of specialized agencies of the UN. Namely, those are the United Nations
Educational Science and Cultural Organization (UNESCO), International Labour
Organization (ILO), International Organization for Migration (IOM) and the World
Food Programme (WFP).
11
Further regulation on supranational level can be found in collective institutions
such as APEC, OECD or ECOWAS. Regulation by the CoE should be
mentioned, too.
In summary, the following sources of law regarding data protection on both UN
and supranational level need to be taken into consideration:
(1) Article 12 of the Universal Declaration of Human Rights (UDHR) of 1948:
No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honour and reputation.
Everyone has the right to the protection of the law against such interference
or attacks.
(2) Article 17 of the International Covenant on Civil and Political Rights (ICCPR)
of 1966:
1. No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the law against such interference
or attacks.
(3) UN Guidelines for the Regulation of Computerized Personal Data Files
(UN Guidelines) of 1990
(4) Policy on the Protection of Personal Data of Persons of Concern to UNHCR
(UNHCR Policy) of 2015
(5) Article 22 of the UN Convention on the Rights of Persons with Disabilities
(CRPD) of 2006:
1. No person with disabilities, regardless of place of residence or living
arrangements, shall be subjected to arbitrary or unlawful interference with
his or her privacy, family, home or correspondence or other types of
communication or to unlawful attacks on his or her honour and reputation.
Persons with disabilities have the right to the protection of the law against
such interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation
information of persons with disabilities on an equal basis with others.
10 Yilma (2018), p. 6.
11 Yilma (2018), pp. 7 f.
UN Regulations
521