UN Global Digital Compact: internet governance and human rights

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First, and foremost, references to States’ obligations under international human rights law are not sufficiently robust nor consistently mainstreamed throughout the text. We call on Member States to ground all objectives set out in the document in international human rights law. This includes adding references to “international human rights law” while also maintaining the role of international human rights law as a body of international law. For example, we are concerned that paragraph 30(d) refers to “international law” and fails to recognize the need for States to refrain from the use of mass surveillance and ensure that targeted surveillance technologies are only used in compliance with international human rights law, including the principles of legality, legitimacy, necessity, and proportionality. This paragraph should also acknowledge the need for States to promote privacy-preserving and rights-respecting technologies, including end-to-end encryption, pseudonymity, and anonymity, which secure and protect the confidentiality and security of digital communications, in accordance with various UN resolutions (including the UN Human Rights Council resolution on the Right to privacy in the digital age A/HRC/RES/54/21 and the new General Assembly resolution on the Promotion and protection of human rights in the context of digital technologies A/RES/78/213). We further call on Member States to add references to “international humanitarian law” and “international refugee law” where relevant for the same reasons.