A Guide to Litigating Identity Systems 23. Privacy establishes “boundaries to limit who has access to our bodies, places and things, as well as our communications and our information.”36 The right to privacy is conceived differently in many national contexts, but it can include such themes as physical privacy, informational privacy, and autonomy.37 24. The right to privacy is a fundamental right that enables other rights. A key aspect of it, which is increasingly relevant to people’s lives, is the protection of individuals’ personal data. As early as 1988, the UN Human Rights Committee, recognised the need for data protection laws to safeguard the fundamental right to privacy.38 In 2011, the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression issued a report noting: “the protection of personal data represents a special form of respect for the right to privacy.”39 25. While the right to data protection can be inferred from the general right to privacy, some international and regional instruments also stipulate a more specific right to protection of personal data, including the Organisation for Economic Co-operation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data40; the Council of Europe Convention 108 for the Protection of Individuals with Regard to the Processing of Personal Data41; the EU Charter of Fundamental Rights; the EU General Data Protection Regulation42; the Asia–Pacific Economic Cooperation Privacy Framework 200443; and the Economic Community of 36 Privacy International, What is Privacy? 37 See, eg Madhewoo, 2015 SCJ 177 at 23; Aadhaar Judgment, ¶ 29 of dissent; Opinion of Justice Sykes, ¶ 174. 38 UN Human Rights Committee, General Comment No. 16: Article 17 (Right to Privacy), ¶ 10. 39 UN General Assembly, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, 16 May 2011, UN Doc. A/HRC/17/27, ¶ 58. 40 OECD, Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, https://www.oecd.org/internet/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofperson aldata.htm 41 Council of Europe, Convention 108 for the Protection of Individuals with Regard to the Automatic Processing of Personal Data, https://www.coe.int/en/web/data-protection/convention108-and-protocol 42 European Commission, General Data Protection Regulation, https://gdpr-info.eu/ 43 Asia–Pacific Economic Cooperation, APEC Privacy Framework, www.apec.org 17