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Re: [hr-wsis] privacy language proposals, paras 49-54




I don't know if you have addressed it elsewhere but one of our main concerns with regard to privacy would be that those working for the protection of human rights and the prosecution of those responsible for human rights violations need to be able to store information on witnesses and witness statements in a secure way. As those responsible for human rights violations are often agents of the state, there is a particular issue with regard to the state being able to access such data. There have been plenty of examples of state agents seeking retribution or to intimidate witnesses from testifying against them.


There is a risk of perpetrators of human rights violations (or other crimes) seeking to compel disclosure of information that was given in confidence to human rights defenders ( including lawyers and journalists) unless data protection and/or privacy laws are very carefull framed. In this context I would have some concern about the proposed wording: "_The collection, retention, use and disclosure of personal data, no matter by whom, should remain under the control of and determined by the individual concerned_."

This perhaps links to a broader point in support of your amendment to paragraph 50. It might be worth stressing that we are actively keen to see those guilty of committing or contributing to human rights violations brought to justice. The use of information technology to investigate and prosecute those involved in such crimes could be welcomed if it occurs within a legal framework that provides adequate safeguards. It might, for example, be particularly useful in investigating those involved in the arms trade (governments and the private sector) not to mention corruption and other illegal flows of funds.




Andrew Anderson Deputy Director Front Line The International Foundation for the Protection of Human Rights Defenders 16 Idrone Lane, off Bath Place, Blackrock, Co. Dublin, Ireland

Tel. 00353-1-212-37-50
Fax. 00353-1-212-10-01
mob. 00353-87-205-6867
www.frontlinedefenders.org






Rikke Frank Joergensen wrote:

hi all

together with the Privacy and Security working group we have just been drafting some language for the Chairs doc on IG.

pls see attached,

best
rikke


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--
Andrew Anderson
Deputy Director
Front Line
The International Foundation for the Protection of Human Rights Defenders
16 Idrone Lane, off Bath Place, Blackrock, Co. Dublin, Ireland

Tel. 00353-1-212-37-50
Fax. 00353-1-212-10-01
mob. 00353-87-205-6867
www.frontlinedefenders.org