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. 8

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