• United Nations Human Rights Council appointed: Special Rapporteur Prof.
Joseph A. Cannataci of Malta in 2015
• Report of the Special Rapporteur on the right to privacy, Joseph A. Cannataci in
2016
17
Beyond that, specific regulation exists within the following scope:
• The UNHCR Policy includes some sort of specific guidelines since it is mandatory for all UNHCR personnel. It applies to “all personal data held by UNHCR in
relation to persons of concern to UNHCR” and regardless “whether processing
takes place within one UNHCR office, between different UNHCR offices in the
same or more than one country, or whether personal data is transferred to
Implementing Partners or third parties. The policy continues to apply even after
persons are no longer of concern to UNHCR”.
18
• The UN Fundamental Principles of Official Statistics state in Principle 6 that
“individual data collected by statistics agencies must be strictly confidential and
used exclusively for statistical purposes”.
• The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice
Systems demand in Guideline 10–54. that “[t]he privacy and the personal data of a
child who is or who has been involved in judicial or non-judicial proceedings and
other interventions should be protected at all stages, and such protection should
be guaranteed by law. This generally implies that no information or personal data
may be made available or published, particularly in the media, which could reveal
or indirectly enable the disclosure of the child’s identity, including images of the
child, detailed descriptions of the child or the child’s family, names or addresses
of the child’s family members and audio and video records”. Furthermore,
Guideline 11–58. b) requires the state to establish “appropriate measures to
establish child-friendly and child-sensitive legal aid systems (. . .) including:
(. . .) privacy and protection of personal data (. . .)”.
• Article 3 of the CoE Privacy Framework states: “1. Each Party undertakes to
apply this Convention to data processing subject to its jurisdiction in the public
and private sectors, (. . .)”.
• “10.” of the APEC Privacy Framework defines what is to be understood under
“personal information controller”. The accompanying commentary states: “The
APEC Privacy Framework applies to persons or organizations in the public and
private sectors that control the collection, holding, processing, use, transfer or
disclosure of personal information. Individual economies’ definitions of personal
information controller may vary. However, APEC economies agree that for the
purposes of this Framework, where a person or organization instructs another
person or organization to collect, hold, use, process, transfer or disclose personal
information on its behalf, the instructing person or organization is the personal
information controller and is responsible for ensuring compliance with the
17 Available at: http://www.ohchr.org/Documents/Issues/Privacy/A-HRC-31-64.doc.
18 UNHCR Policy, p. 8.
UN Regulations
525
Joseph A. Cannataci of Malta in 2015
• Report of the Special Rapporteur on the right to privacy, Joseph A. Cannataci in
2016
17
Beyond that, specific regulation exists within the following scope:
• The UNHCR Policy includes some sort of specific guidelines since it is mandatory for all UNHCR personnel. It applies to “all personal data held by UNHCR in
relation to persons of concern to UNHCR” and regardless “whether processing
takes place within one UNHCR office, between different UNHCR offices in the
same or more than one country, or whether personal data is transferred to
Implementing Partners or third parties. The policy continues to apply even after
persons are no longer of concern to UNHCR”.
18
• The UN Fundamental Principles of Official Statistics state in Principle 6 that
“individual data collected by statistics agencies must be strictly confidential and
used exclusively for statistical purposes”.
• The UN Principles and Guidelines on Access to Legal Aid in Criminal Justice
Systems demand in Guideline 10–54. that “[t]he privacy and the personal data of a
child who is or who has been involved in judicial or non-judicial proceedings and
other interventions should be protected at all stages, and such protection should
be guaranteed by law. This generally implies that no information or personal data
may be made available or published, particularly in the media, which could reveal
or indirectly enable the disclosure of the child’s identity, including images of the
child, detailed descriptions of the child or the child’s family, names or addresses
of the child’s family members and audio and video records”. Furthermore,
Guideline 11–58. b) requires the state to establish “appropriate measures to
establish child-friendly and child-sensitive legal aid systems (. . .) including:
(. . .) privacy and protection of personal data (. . .)”.
• Article 3 of the CoE Privacy Framework states: “1. Each Party undertakes to
apply this Convention to data processing subject to its jurisdiction in the public
and private sectors, (. . .)”.
• “10.” of the APEC Privacy Framework defines what is to be understood under
“personal information controller”. The accompanying commentary states: “The
APEC Privacy Framework applies to persons or organizations in the public and
private sectors that control the collection, holding, processing, use, transfer or
disclosure of personal information. Individual economies’ definitions of personal
information controller may vary. However, APEC economies agree that for the
purposes of this Framework, where a person or organization instructs another
person or organization to collect, hold, use, process, transfer or disclose personal
information on its behalf, the instructing person or organization is the personal
information controller and is responsible for ensuring compliance with the
17 Available at: http://www.ohchr.org/Documents/Issues/Privacy/A-HRC-31-64.doc.
18 UNHCR Policy, p. 8.
UN Regulations
525