States have an obligation proactively to gather and disclose up-to-date information on pandemic
management and response measures through digital, broadcast, social and other media. Blocking
access to the internet through broad restrictions is never justified, and it is particularly harmful
during a public health emergency. Any restriction imposed must be set forth in writing, must be
narrowly tailored to promote a legitimate national security or related interest, and must not be
targeted directly or indirectly against an identifiable social group, such as migrants, refugees, and
other displaced persons. At the same time, States have a responsibility to ensure that the media is
not used during a public health emergency for purposes of persecution or incitement to violence
against such groups. In balancing these dual aims, the ordering of content take-downs or blocking
of websites or social media accounts should be undertaken only when the information is clearly
false and harmful or where the content constitutes incitement to violence, hatred, or discrimination.
(Sources: UDHR art. 19; ICCPR art. 19; UN Convention on the Rights of the Child (CRC) arts.
17, 24(e); Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights art. 10; UN Human Rights Committee, CCPR General
Comment 34.)
10. Protection of privacy
In responding to COVID-19, States must protect the right to privacy of migrants, refugees, and
other displaced persons, including their right to control the release of personal medical
information.
Measures to effectively prevent and control infection and provide clinical care involve collection
and management of personal data, including of migrants, refugees, and other displaced persons. In
pursuit of public health goals, neither names, other information by which a person could be
identified nor personal medical information should be publicly disclosed without that person’s
express and voluntary consent. For purposes of contact tracing, revealing the name and health
status of a person without the person’s consent should be a measure of last resort to be undertaken
only when all reasonable efforts to obtain consent have been pursued. Tracking the movement of
persons infected with COVID-19 should be used only in limited circumstances, such as where the
information is not obtainable directly from the person and where it will be used to enable contact
tracing.
(Sources: UDHR art. 12; ICCPR art. 17; ECHR art. 8; ECtHR, Z. v. Finland (1997); Regulation
(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation), OJ 2016 L 119/1.)
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