Australian Human Rights Commission
Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023
reviews should specifically consider if the relevant legislation is
technology neutral.
3.3
Existing work and rights to privacy
33. In a written submission, one stakeholder highlighted existing work that
should inform the development of the Compact:
As the United Nations considers the core principles that governments,
companies, civil society organisations and other stakeholders should
adhere to in relation to data protection, it may find it helpful to
consider the work of Data Protection Authorities in this space. In 2009
the International Conference of Data Protection and Privacy
Commissioners (now called the Global Privacy Assembly, or GPA)
passed a resolution recognising the Joint Proposal for a Draft of
International Standards on the Protection of Privacy with regard to the
processing of Personal Data as a set of principles, rights, obligations
and procedures that any legal system of data protection and privacy
should strive to meet (the Madrid Resolution).
The purpose of the Madrid Resolution was to define a set of principles
and rights guaranteeing the effective and internationally uniform
protection of privacy with regard to the processing of personal data
and to facilitate the international flows of personal data needed in a
globalized world. The GPA’s Global Frameworks and Standards
Working Group is undertaking work towards a resolution or policy
statement to articulate the GPA’s view of high data protection and
privacy standards, including through reviewing the Madrid Resolution.
While its work is in its initial stages, the Madrid Resolution’s content is
quite comprehensive and forward-thinking. It may therefore be useful
for the UN to consider the Madrid Resolution, as well as the ongoing
work of the GPA.
Recommendation 3: The Envoy should apply the Madrid Resolution and
the ongoing work of the GPA in developing the Compact.
34. The right to privacy is a human right under article 17 of the International
Covenant on Civil and Political Rights (ICCPR), as well as being enshrined in a
number of other applicable international human rights instruments.15 The
human right to privacy must be central to any discussion of how to best
protect data.
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