best interests.427 In addition, children should
never be placed on lists that result in the de
facto deprivation of certain rights, such as no-fly
lists, which have clear implications on the right
to freedom of movement as discussed below.
205. The present section outlines key human
rights considerations related to collection and
exchange of information on children for protective
and security purposes. Significantly, human rights
implications of data collection and exchange
may be different, depending on the purpose for
which such measures are undertaken. In this
regard, the chapter briefly reviews key human
rights that may be impacted by data collection
and exchange. The chapter further analyses
human rights implications stemming from different aims of collection and exchange of the information of a child, particularly in light of the best
interests of the child and non-discrimination principles. The chapter concludes by briefly reviewing
the procedural safeguards in collecting
and exchanging data of children.
427 United Nations Secretary-General, Key principles for
the protection, repatriation, prosecution, rehabilitation and
reintegration of women and children with links to United Nations listed terrorist groups (2019), p. 6, providing “Member
States should prevent the further stigmatization of children
with links to United Nations listed terrorist group where possible. In the absence of criminal evidence, Children should
not be placed on watch lists or in other databases based on
family affiliation or alleged affiliation with an armed group.”
94.
8.1 International Law and Standards
8.1.1 Rights Affected by Collection, Use and
Exchange of a Child’s Information
206. Collection and exchange of a child’s
information potentially impacts the enjoyment
of various human rights, depending on how it is
done, for what purposes and what safeguards
are in place to ensure data is not misused.
As all human rights are interrelated and
indivisible, impacts on one right have implications
on the enjoyment of other rights.
The right to privacy
207.
The right to privacy428 is regarded as a
foundational aspect of democratic societies. The
violation of this right has an impact on numerous
other human rights, including the right to life,
liberty, security of person, health, work and social security, among others.429 One of the greatest
risks of collection, use and exchange of personal
data is the potential infringement of the right to
privacy, which is provided under a number of international instruments, including the Convention
on the Rights of the Child.430 The Convention requires States parties to protect every child from
arbitrary or unlawful interference of his or her privacy in the home, family and through correspon-
428 “Privacy” has been defined as “the presumption that
individuals should have an area of autonomous development, interaction and liberty without interaction with others, free from State intervention…” A/HRC/23/40, para. 22;
A/HRC/13/37, para 11, both citing Lord Lester and D. Pannick
(eds.), Human Rights Law and Practice (London, Butterworth,
2004), para. 4.82.
429
A/HRC/40/52, para. 23.
430 Convention on the Rights of the Child (1989), art. 16; International Covenant on Civil and Political Rights (1966), art.
17; Universal Declaration of Human Rights (1948), art. 17.
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