86. States should also take steps towards ensuring and set out clearly the expectation
that private companies that are subject to their jurisdiction but operate internationally do not facilitate such undue interferences in other states by providing software, surveillance technology and services used to target human rights defenders for their work. They should also support efforts by human rights defenders in
building their knowledge and capacity to enhance the safety of their electronic
communications.
87. Information or data obtained through unlawful or arbitrary interferences with a
human rights defender’s private life should be inadmissible in any legal proceedings against her or him. Authorities have an obligation to ensure that any information or data obtained – even if obtained legally – is not shared with anyone who is
not authorized by law to receive, process and use it. In particular, effective measures have to be taken to ensure that such information or data is not made available
to and used by mass media or others in order to publicly discredit human rights
defenders. If obtained legally, such data and information must be stored only as
long as strictly necessary, and then must be destroyed.
88. States should acknowledge that human rights defenders have a special need for
protection from undue interference in their private life due to the nature of their
work. States should also recognize that the confidentiality of human rights defenders’ sources and the identity of their clients need to be respected in order for them
to carry out their human rights work effectively. It is particularly important for
human rights defenders working with individuals who are at high risk of physical
and other attacks that the identity of sources and clients is adequately protected.
This is to ensure that these individuals feel sufficiently safe to provide information
or seek assistance.
89. States should also recognize the specific protection needs that certain groups of
human rights defenders, including in particular women human rights defenders,
have in relation to matters concerning their private life.
J. Right to access and communicate with international bodies
90. States shall ensure that human rights defenders enjoy the right to unhindered
access to and communication with international bodies, including international
and regional bodies with the competence to receive and consider information
concerning allegations of human rights abuses. States must protect human rights
defenders, their families and associates from any form of reprisals for co-operating, having co-operated or seeking to co-operate with international institutions.
All allegations of such reprisals – whether committed by public officials or other
actors – must be promptly, thoroughly and independently investigated, and there
must be no impunity for such acts. Victims and their families must have access to
effective remedies and should obtain adequate reparation.
18
Guidelines on the Protection of Human Rights Defenders
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