Similarly, the UN Principles and Guidelines on Access to Legal Aid in Criminal
Justice Systems do not contain a definition of the term “personal data”, but acknowledge the right to privacy of children in Guideline 10–54.
Geneva Declaration of Principles and Geneva Plan of Action and Tunis Agenda
both do not provide a definition of personal data, but mention the protection of
personal data several times.
1.1.2 Classified Categories of Personal Data in the Legislation
Only some sources classify special categories of personal data:
• According to the definition in the UNHCR Policy, “personal data includes
biographical data (biodata) such as name, sex, marital status, date and place of
birth, country of origin, country of asylum, individual registration number,
occupation, religion and ethnicity, biometric data such as a photograph, fingerprint, facial or iris image, as well as any expression of opinion about the
individual, such as assessments of the status and/or specific needs”.
15
• Article 6 of the CoE Privacy Framework lists “special categories of [personal]
data”: genetic data, personal data relating to offences criminal proceedings and
convictions, and related security measures, biometric data uniquely identifying a
person and personal data for the information they reveal relating to racial or ethnic
origin, political opinions, trade-union membership, religious or other beliefs,
health or sexual life. Those data are classified by section 2of article 6 as “sensitive
data”.
• Although the OECD Privacy Framework mentions different categories of data
“depending upon their nature and the context in which they are collected, stored,
processed or disseminated”, paragraph 3 a) OECD Privacy Framework, the rights
do not differ depending on the nature or context of data. According to paragraph
2, the guidelines should apply to personal data in public and private sectors.
• The Universal Declaration on Bioethics and Human Rights addresses “particularly privacy of medical data of persons”.
1.2 Specific Regulation of Personal Data Protection
United Nations Level
• Report of the Office of the United Nations High Commissioner for Human
Rights: “The right to privacy in the digital age” in 2014
16
15 UNHCR Policy, p. 11.
16 Available at: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/
A.HRC.27.37_en.pdf.
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