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[Insert statement of urgency and significance for why this right relates to AI.]
Sectors #
The contributors of the AI & Human Rights Index have identified the following sectors as responsible for both using AI to protect and advance this human right.
- FIN: Financial Services
- GOV: Government and Public Sector
- REG: Regulatory and Oversight Bodies
- TECH: Technology and IT
- WORK: Employment and Labor
- LAW: Legal and Law Enforcement
AI’s Potential Violations #
[Insert 300- to 500-word analysis of how AI could violate this human right.]
AI’s Potential Benefits #
[Insert 300- to 500-word analysis of how AI could advance this human right.]
Human Rights Instruments #
Universal Declaration of Human Rights (1948) #
G.A. Res. 217 (III) A, Universal Declaration of Human Rights, U.N. Doc. A/RES/217(III) (Dec. 10, 1948).
Article 12
No one shall be subjected to arbitrary interference with his Privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
International Covenant on Civil and Political Rights (1966) #
G.A. Res. 2200A (XXI), International Covenant on Civil and Political Rights, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (Dec. 16, 1966)
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his Privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
American Convention on Human Rights (1969) #
American Convention on Human Rights, Nov. 22, 1969, 1144 U.N.T.S. 123
Article 11
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, nor of unlawful attacks on his honor or reputation. Everyone has the right to the protection of the law against such interference or attacks.
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (1981) #
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Jan. 28, 1981, Europ. T.S. No. 108
Article 1
The purpose of this Convention is to secure in the territory of each Party for every individual, whatever his nationality or residence, respect for his rights and fundamental freedoms, and in particular his right to Privacy, with regard to automatic processing of personal Data.
Convention on the Rights of the Child (1989) #
G.A. Res. 44/25, Convention on the Rights of the Child, U.N. Doc. A/RES/44/25 (Nov. 20, 1989)
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her Privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation. 2. The child has the right to the protection of the law against such interference or attacks.
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) #
G.A. Res. 45/158, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, U.N. Doc. A/RES/45/158 (Dec. 18, 1990)
Article 14
No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful interference with his or her Privacy, family, home, correspondence or other communications, or to unlawful attacks on his or her honour and reputation. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks.
Convention on the Rights of Persons with Disabilities (2006) #
G.A. Res. 61/106, Convention on the Rights of Persons with Disabilities, U.N. Doc. A/RES/61/106 (Dec. 13, 2006)
Article 22
1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her Privacy, family, home or correspondence or other types of communication, or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.
2. States Parties shall protect the Privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.
Guiding Principles on Business and Human Rights (2011) #
H.R.C. Res. 17/4, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, U.N. Doc. A/HRC/RES/17/4 (June 16, 2011)
Principle 1
The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work.
U.N. Human Rights Council, Mental Health and Human Rights (2020) #
H.R.C. Res. 43/13, Mental Health and Human Rights, U.N. Doc. A/HRC/RES/43/13 (June 19, 2020).
Article 14
Strongly encourages States to support persons with mental health conditions or psychosocial disabilities to empower themselves in order to know and demand their rights, including by promoting health and human rights literacy, to provide human rights education and training for health and social workers, police, law enforcement officers, prison staff and other relevant professions, with a special focus on Non-Discrimination, free and informed Consent and respect for the will and preferences of all, confidentiality and Privacy, and to exchange best practices in this regard;
Last Updated: May 1, 2025
Research Assistant: Amisha Rastogi
Contributor: To Be Determined
Reviewer: To Be Determined
Editor: Georgina Curto Rex
Subject: Human Right
Edition: Edition 1.0 Research
Recommended Citation: "V.A. Right to Data Protection and Freedom from Surveillance, Edition 1.0 Research." In AI & Human Rights Index, edited by Nathan C. Walker, Dirk Brand, Caitlin Corrigan, Georgina Curto Rex, Alexander Kriebitz, John Maldonado, Kanshukan Rajaratnam, and Tanya de Villiers-Botha. New York: All Tech is Human; Camden, NJ: AI Ethics Lab at Rutgers University, 2025. Accessed December 05, 2025. https://aiethicslab.rutgers.edu/Docs/v-a-surveillance/.