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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
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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.
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