INTRODUCTION Digital technology is integrating into our everyday lives at an ever-increasing rate. The digital interface is now the conduit for many of our interactions and activities and has altered, probably irreversibly, the way that we communicate and socialise with one another. We produce vast amounts of data about ourselves in a variety of contexts through our use of smart phones and social media, our consumer activity, our use of on-line search engines, and our interactions with public services and institutions. Digital technology has created a symbiotic relationship of sorts. It enables us to access and share information for our own benefit. At the same time, the data we generate is of immense value to the public and private entities that facilitate and control our digital interactions. In this respect, digital technology has created a symbiotic relationship of sorts. It enables us to access and share information for our own benefit. At the same time, the data we generate is of immense value to the public and private entities that facilitate and control our digital interactions. While this has the potential to produce great benefits and improve social outcomes, it also poses risks to our fundamental human rights. The surveillance and collection of vast amounts of personal information and meta data, and the processing of such data using new analytical techniques, has major implications for our right to privacy and our right to be free from discrimination. The impact of digital technology on the right to privacy is of particular significance. Privacy is central to our enjoyment of personal dignity and autonomy. It enables the expression of individuality, facilitates trust, friendship and intimacy, empowers the individual against the state and is necessary for securing other human rights, such as the right to freedom of expression and opinion. This paper provides a high-level summary of the key international and domestic human rights standards and principles that can guide legal and policy frameworks in responding to the rapid advance of digital technology. It is intended to assist anyone in New Zealand engaging in advocacy, research, policy or legislative development in this area, as well as those with a general interest in these issues. Part I of the paper sets out the international human rights framework that applies to surveillance and personal data, with a focus on the right to privacy. Part II provides an overview of the legal and policy framework that applies in New Zealand and Part III outlines the permissible limitations on the right to privacy. Part IV discussed the safeguards that States should put in place to prevent adverse human rights impacts. This is followed by an overview of the remedies available for human rights violations relating to surveillance and personal data in Part V. The paper concludes with a focus on some of the emerging human rights challenges arising in the digital age. These emerging challenges include the responsibilities of private businesses in this area. While governments are primarily responsible for protecting human rights, businesses also have a duty to respect human rights, as set out in the United Nations Guiding Principles on Business and Human Rights (UNGPs). While this paper touches on the UNGPs, it is mainly focused on public sector obligations. Nevertheless, we hope that businesses and other private sector 5

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