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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