211. The restriction of freedom of movement potentially affects the child’s family life when they have family members living in countries other than countries of their citizenship or residence. (See chapter 3 on preserving family unity and chapter 4 on repatriation). This could further restrict the child’s opportunities for education or employment in the future. Such a restriction can also have a catastrophic effect on a child’s development if she or he is forced to remain in a State or region where she or he will be exposed to violence or further human rights abuses. States must ensure that the inclusion of a child in such a database does not violate the principle of non-refoulement. 8.1.2 Human Rights Implications of Different Purposes for Collection, Use and Exchange of a Child’s Information 212. As previously noted, international human rights law permits restricting certain rights, including the right to privacy, when certain requirements are met. One such requirement is that the aim of interference must be legitimate. Generally, a “legitimate aim” is considered as something to “protect national security, public order (ordre public), public health or morals and the rights and freedoms of others”.442 The United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedom while countering terrorism has argued that “the prevention, suppression and investigation of acts of terrorism clearly amount to a legitimate aim” in relation to restriction of the right to privacy.443 Under the International Covenant on Civil and Political Rights, States parties have a positive obligation to protect citizens and others within their jurisdictions against acts of terrorism to protect their right to life. Consequently, the Rapporteur argued that that duty could be discharged through the gathering and analysis of relevant information.444 Similarly, the United Nations High Commissioner for Human Rights has also expressed the view that surveillance on the grounds of national security or for the prevention of terrorism or other crime may be a legitimate aim. The degree of interference must, however, be assessed against the necessity of the measure to achieve the aim and the actual benefit it yields towards such a purpose.445 In light of the above, the present section briefly discusses various possible aims for which a child’s data may be collected, used and/or exchanged and possible implications for human rights that those aims may pose. To protect the child 213. Some States may collect information on children who are missing or suspected of being abducted and exchange such information between various agencies or even internationally. For example, children travelling with known or suspected foreign fighters may be victims of parental abductions, criminal kidnappings and human trafficking. Information concerning children who may be travelling with known or suspected foreign fighters can be placed on lists or databases of missing persons. This information can be shared in a timely and effective manner between States, for example, through dissemination of INTERPOL yellow notices. Some States also note on their watch lists or databases of known or suspected terrorists, including foreign terrorist fighters, that a suspect was travelling with a child, without naming that child. 442 Human Rights Committee, general comment No. 27 (1999), para. 11. 444 Ibid. 443 A/69/397, para. 33. 445 A/HRC/27/37, para. 24. 96.

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