The collection, storage, sharing and re-purposing of personal information, whether obtained by surveillance or interception, or freely provided by individuals, poses a challenge to universally recognised human rights. International human rights law provides an instructive framework for the protection of the affected rights, including the right to privacy and its permissible limitations, freedom of expression and opinion, freedom of association, the right to be free from discrimination, and the right to be free from unreasonable search and seizure. The right to privacy is a fundamental human right, guaranteed under Article 12 of the Universal Declaration on Human Rights and Article 17 of the ICCPR. The first part of this paper is intended to provide readers with an overview of the international law and standards relevant to: • Affected rights under the International Covenant for Civil and Political Rights (ICCPR) • United Nations resolutions and reports on human rights in the digital age • International and regional guidelines and standards regarding personal information Together, these instruments, reports and standards provide a framework to guide the formation of law and policy concerning personal data, surveillance and human rights in New Zealand. 1.1 International Covenant for Civil and Political Rights The right to privacy is a fundamental human right, guaranteed under Article 12 of the Universal Declaration on Human Rights and Article 17 of the ICCPR. In 1978, New Zealand agreed to be legally bound by the ICCPR. Article 17 of the Covenant affirms: 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. In reflection of its status as a fundamental right, the right to privacy is included in similar terms in other international human rights treaties to which New Zealand is a party, protecting the rights of children, and people with disabilities.1 The scope of the right under article 17 is broad. It not only protects individual privacy, but also interference with the individual’s family and home life, written affairs, personal identity and standing. This illustrates how closely the right is linked to the human rights concepts of personal autonomy and dignity.2 The right to privacy is also underpinned by a right to legal protection from arbitrary and unlawful interference. The UN Human Rights Committee (UNHRC), the UN body of independent experts that monitors the implementation of the ICCPR, has issued interpretative guidance on the nature and scope of the right to privacy under article 17 in its General Comment No. 16. The UNHRC sets the following threshold for State compliance with the right to privacy: In the view of the Committee this right is required to be guaranteed against all such interferences and attacks whether they 1 Convention on the Rights of the Child, Article 16; and Members of Their Families, Article 14; Convention on the Rights of Persons with Disabilities, Article 22. 2 On this point, see the observations of the UN Special Rapporteur on the right to privacy concerning the recognition of the relationship between privacy and personality, A/71/368 (30 August 2016) para. 40 http://undocs.org/A/71/368 8