the hands of persons who are not authorized by law to receive, process and
use it, and is never used for purposes incompatible with the International
Covenant on Civil and Political Rights. Effective protection should include
the ability of every individual to ascertain in an intelligible form, whether
and, if so, what personal data are stored in automatic data files, and for
what purposes, with a corresponding right to request rectification or
elimination of incorrect data.
Other organizations have adopted standards for the collection and
processing of personal data. The Council of Europe’s Guidelines on human
rights and the fight against terrorism, for example, state:
“Within the context of the fight against terrorism, the collection and
the processing of personal data by any competent authority in the field
of State security may interfere with the respect for private life only if
such collection and processing, in particular:
ii(i) Are governed by appropriate provisions of domestic law;
i(ii) Are proportionate to the aim for which the collection and the
processing were foreseen;
(iii) May be subject to supervision by an external independent
authority.”
K. Economic, social and cultural rights
Efforts to address the human rights implications of terrorism and counterterrorism measures have tended to focus on the protection of civil and
political rights, with little attention paid to their impact on the enjoyment
of economic, social and cultural rights. Yet it is clear that terrorism and
measures adopted by States to combat it are both influenced by and have
an impact on the enjoyment of the economic, social and cultural rights of
affected individuals, as well as on broader development objectives. It will be
impossible to achieve global security objectives without concerted efforts
towards the realization of all human rights. Greater efforts must therefore
be made to understand and address the linkages between terrorism and
the enjoyment of economic, social and cultural rights. This section will
briefly highlight two examples: first, the importance of the realization
of economic, social and cultural rights, and development objectives, to
prevent the conditions conducive to the spread of terrorism; and second,
the impact of certain counter-terrorism measures on the enjoyment of
such rights.
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