PART 2.3 harm to a victim of trafficking. An example of such harm is the sexual assault of detained trafficked persons by law enforcement officials. The General Assembly has recently recognized this phenomenon and called on States to penalize persons in authority found guilty of sexually assaulting victims of trafficking in their custody.314 The issue of protection from further harm is considered further in this Commentary in the context of the repatriation of victims of trafficking (see section 11.2) and child victims (see section 10.4). 8.4. PRIVACY AND PROTECTION FROM FURTHER HARM Protection from further harm is inextricably linked to the protection of the trafficked person’s privacy. Failure to protect privacy can increase the danger of intimidation and retaliation. It can cause humiliation and hurt to victims, and compromise their recovery. In addition, owing to the shame and stigmatization often attached to trafficking, for both victim and family, it is essential to protect victims’ privacy in order to preserve their chances of social reintegration in their country of origin or the receiving country.315 The Trafficking Principles and Guidelines address this issue by linking it directly to the need to ensure that trafficked persons are protected from their exploiters: there should be no public disclosure of the identity of trafficking victims and their privacy should be respected to the extent possible, while taking into account the right of any 314 General Assembly resolution 63/156, para. 11. Explanatory Report on the European Trafficking Convention, para. 138. 315 146 accused person to a fair trial (Guideline 6, para. 6).316 The Trafficking Protocol requires States parties to protect the privacy and identity of victims of trafficking “[i]n appropriate cases and to the extent possible under its domestic law” (art. 6). The European Trafficking Convention sets out a general obligation to “protect the private life and identity of victims”, laying down specific measures to meet that objective, which include setting standards for the storage of personal data and ensuring that the media respect the privacy and identity of victims (art. 11). It sets higher standards in respect of child victims. The SAARC Convention also specifies that judicial authorities must protect the confidentiality of child and women victims when trying trafficking offences (art. V). The issue of privacy in the specific context of child victims of trafficking is considered in more detail in the discussion of Principle 10 and related Guidelines, below. These provisions give a strong indication that the protection of privacy should be extended to all trafficked persons unless there are reasonable grounds justifying interference with such privacy. Reasonable justification should include consideration of the rights of accused persons to a fair trial.317 The possibility of a conflict between victims’ right to privacy and the right of accused persons to a fair trial is considered in more detail below (Principle 13 and related guidelines). Guideline 6 also recognizes the significant practical obstacles facing law enforcement agencies in protecting the privacy of victims: “Trafficked persons should be given full warning, in advance, of the difficulties inherent in protecting identities and should not be given false or unrealistic expectations regarding the capacities of law enforcement agencies in this regard”. 316 Trafficking Principles and Guidelines, Guideline 6.6; Legislative Guides to the Organized Crime Convention and its Protocols, Part 2, para. 54. 317 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING