A/70/335 guarantees should be provided that individual information will not be further disseminated or used for any other government databases, in accordance with principle 6 of the Fundamental Principles of Official Statistics. 11 The Special Rapporteur is of the view that, while the collection and dissemination of data fulfils the right to information, it must first and foremost protect the human right to privacy and confidentiality. The Durban Declaration and Programme of Action, which calls for the collection of data disaggregated by ethnicity, also requests that States establish the necessary legal safeguards to the collection of such dat a, which should be submitted to strict data protection regulations and privacy guarantees. 49. As previously stated, at the European level very strict provisions have been developed to ensure that personal data is safeguarded. In addition to the two instruments previously cited, article 8 of the Treaty on the Functioning of the European Union stipulates that everyone has the right to the protection of their personal data and that such data must be processed fairly, for specified purposes, and on the basis of the consent of the person concerned. The collection of personal data should be legitimized by legal provisions and justified for reasons of substantial public interest. The data should remain accessible to the person to whom it belongs and individuals should have the right to have their personal information rectified if they so wish. 50. Each individual should therefore, in absolute terms, remain in control of their personal information. 51. Principle 5 of the African Charter on Statistics, which provides for the protection of individual data, information sources and respondents, requests that States guarantee the protection of the private life of data providers and that persons interviewed during statistical surveys be informed of the objective of s uch interviews and made aware of data protection measures. Such data should in no circumstance be used for judicial proceedings, punitive measures or for the purpose of taking administrative decisions against individuals or entities, and statistical survey s should only be undertaken by the authorities if pertinent information is unavailable from administrative records or the quality of such information is inadequate in relation to the requirements of producing statistical information. The Special Rapporteur would like to stress that personal data should indeed never be used to take decisions relating to those persons from whom the data has been collected. 52. There has been a strong call to turn personal data rapidly into statistical data, so that it is impossible to connect data with persons. In the case of population censuses, those responsible are encouraged to store data with an independent institution and in a location outside the jurisdiction of the courts, especially in countries where the requisite institutions are too weak to guarantee fully privacy and the safety of the data. A number of methodological, legal and ethical safeguards have been developed and proposed to reduce the risk of future abuse of personal data. For example, it is recommended that, to the extent possible, sample surveys should be used instead of full censuses and identifiers that are specific to individuals should be stripped out. 12 __________________ 11 12 15-14106 See General Assembly resolution 68/261. See OHCHR, Human Rights Indicators: a Guide to Measurement and Implementation; Principles and Recommendations for Population and Housing Censuses, revision 2 (United Nations publication, Sales No. E.07.XVII.8); and the Fundamental Principles of Official Statistics. 15/24

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