Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 Recommendation 4: The Envoy should have regard to article 17 of the ICCPR in developing the Compact. 35. The importance of accessibility of technology for vulnerable people and ensuring that people with disability can also engage in modern living without their privacy being placed at risk, was raised during the consultations. Article 22 of the Convention on the Rights of Persons with Disabilities was raised to highlight the importance of the respect for privacy for people with disability. Equally, article 16 of the Convention on the Rights of the Child is of significance in protecting children and young people’s privacy. This will be especially important when developing the Compact. Recommendation 5: The Envoy should have regard to article 22 of the Convention on the Rights of Persons with Disabilities and article 16 of the Convention on the Rights of the Child in developing the Compact. 36. The Commission launched a Position Paper: A Human Rights Act for Australia (Position Paper) on 9 March 2023. In the Position Paper the Commission recommends the inclusion of a ‘right to privacy and reputation’ in its proposed Australian Human Rights Act.16 Australia does not currently have a federal human rights act. 37. The proposed right to privacy and reputation outlined in the proposed model for a Human Rights Act states: A person has the right(a) not to have the person’s privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and (b) not to have the person’s reputation unlawfully attacked. Note: The right to privacy applies to the collection, processing or retention of personal data through all forms of technology, and includes state surveillance measures.17 38. This proposed right to privacy and reputation implements article 17 of the ICCPR (to which Australia has signed and ratified).18 39. Pertinently, the note clarifies that privacy rights extend to technological surveillance measures, noting the increased capacity of the state collect personal data and make decisions based on that data through AI.19 9