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Article

22 Jul 2014

Author:
Jonathan Horowitz (Open Society Justice Initiative) and Sarah Knuckey (Columbia Law School)

"Major New United Nations Report Rebukes Five Eyes’ Attempts to Weaken Digital Privacy Rights"

The Office of the United Nations High Commissioner for Human Rights (OHCHR) released a significant report last week analyzing the meaning of the human right to privacy in relation to electronic surveillance…The report…expresses strong conclusions about a number of…fiercely debated surveillance issues…The interception or collection of metadata may interfere with the right to privacy…The “possession” of data is sufficient for an interference…Companies may be complicit in human rights abuses…the OHCHR devotes an entire section of the report to the business-related human rights issues raised by surveillance.  Citing to the widely accepted Guiding Principles on Business and Human Rights, the report notes that companies must respect human rights through their “global operations regardless of where its users are located,” … OHCHR offers some general guidance for companies, including that they should provide users “meaningful transparency about how their data are being gathered, stored, used and potentially shared”…