dence.431 Additionally, no child should be subjected to unlawful432 attacks on his or her honour or
reputation. Every child also has the right to the
protection of the law from such interference.433 In
relation to children above the minimum age of
criminal responsibility, the United Nations
Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules) elaborates
on the right to privacy and makes it clear that
Member States should ensure that the child’s
right to privacy “shall be respected at all stages in
order to avoid harm being caused to her or him by
undue publicity or by the process of labelling”.434
208. The provision for a child’s right to privacy in the Convention on the Rights of the Child
does not have any specific limitations attached
to it. The Convention stipulates that no child
shall be subjected to “arbitrary or unlawful
interference with his or her privacy”.435 With regard
to the provision on the right to privacy under
the International Covenant on Civil and Political
Rights, the prohibition of an “arbitrary
interference” is considered to require that any
interference with the right to privacy must be
reasonable and necessary in the particular circumstances, as well as proportional to the end
sought.436
431 Convention on the Rights of the Child (1989), art. 16(1).
432 The term “unlawful” has been interpreted to mean that
“no interference can take place except in cases envisaged by
the law”, of which the legislation itself must comply with international human rights law. Human Rights Committee, general comment No. 16 (1988), para. 3.
433 Convention on the Rights of the Child (1989), art.16(1)(2).
209. It is well recognized that any interference
with the right to privacy must comply with the
principles of legality, necessity and proportionality.437 In other words, any such interference to the
right to privacy must be (a) provided by law, and
the law must be sufficiently accessible, clear and
precise; (b) necessary for reaching a legitimate
aim; and (c) proportionate to the aim and the least
intrusive option available.438 These restrictions
must be applied along with other key principles,
including those of non-discrimination and the
best interests of the child.439
The right to freedom of movement and its implications
210.
Another right that may be impacted by
collection of data of children, and especially by
the exchange of such information, is the right to
freedom of movement. When a child’s information
is shared internationally, depending on the
purpose of such an exchange, there is a risk of
negative impact on immigration and asylum decisions.440 A child’s freedom of movement could
thus be substantially affected.441 Being placed on a
no-fly list also seriously impairs freedom of movement. Indeed, a child should not be placed on a
no-fly list, given the lifelong implications of such
an administrative determination and in light of
the principle of the best interests of the child.
437 See UNOCT and CTED, United Nations Compendium of
Recommended Practices for the Responsible Use and Sharing
of Biometrics in Counter Terrorism (2018).
438 A/HRC/13/37, para.19; A/HRC/27/37, para. 23; A/
HRC/34/61, para. 36.
439
A/HRC/37/52, para. 8.
435 Convention on the Rights of the Child (1989), art. 16(1)
440 International Commission of Jurists, Addressing
Damage, Urging Action. Report of the Eminent Jurists Panel
on Terrorism, Counter-Terrorism and Human Rights (2009),
available at www.refworld.org/docid/499e76822.html.
436 A/HRC/27/37, para. 21.
441 A/HRC/13/37, para. 37.
434 The Beijing Rules (1985), rule 8.
95.
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