A/HRC/24/52 2. Recommendations 86. States are recommended to collect data for use in reports submitted to the Committee on the Elimination of Racial Discrimination, illustrating the situation regarding racial discrimination in the country concerned. 87. In accordance with paragraph 92 of the Durban Programme of Action, States should also: (a) Collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels and undertake all other related measures which are necessary to assess regularly the situation of individuals and groups of individuals who are victims of racism, racial discrimination, xenophobia and related intolerance; (b) Such statistical data should be disaggregated in accordance with domestic legislation. Any such information should, as appropriate, be collected with the explicit consent of the victims, based on their self-identification and in accordance with provisions on human rights and fundamental freedoms, such as data protection regulations and privacy guarantees. This information must not be misused. The statistical data and information should be collected with the objective of monitoring the situation of marginalized groups, and the development and evaluation of legislation, policies, practices and other measures aimed at preventing and combating racism, racial discrimination, xenophobia and related intolerance, as well as for the purpose of determining whether any measures have an unintentional disparate impact on victims. To that end, it recommends the development of voluntary, consensual and participatory strategies in the process of collecting, designing and using information. The information should take into account economic and social indicators, including, where appropriate, health and health status, infant and maternal mortality, life expectancy, literacy, education, employment, housing, land ownership, mental and physical health care, water, sanitation, energy and communications services, poverty and average disposable income in order to elaborate social and economic development policies with a view to closing the existing gaps in social and economic conditions; (c) Adopt domestic legislation on combating racial discrimination. Data collection should result from explicit anti-discrimination laws that require data in order to measure discrimination and formulate, implement and monitor appropriate public policies, including special measures, pursuant to international human rights standards; (d) Adopt laws regulating the collection and processing of ethnic and racial data that protect fundamental freedoms, including the right to privacy, provide the necessary safeguards for protecting data from misuse, such as racial profiling and negative monitoring, and ensure confidentiality of information, in accordance with relevant regional and international standards, in particular the Guidelines for the Regulation of Computerized Personal Data Files concerning the legality, fairness, accuracy and relevance of data, purpose-specification, interested-party access, nondiscrimination, security, oversight and penalties. The normative framework should be approved beforehand and lay down the following minimum conditions: the person must give explicit consent; the data collection must serve the public interest, i.e., the fight against racial discrimination; and the framework must be legally binding; (e) Develop and identify quantitative and qualitative indicators for promoting and monitoring racial equality and non-discrimination, taking account the methodology approved by the United Nations human rights treaty bodies.2 2 See the report on indicators for promoting and monitoring the implementation of human rights 19