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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.

• GOV: Government and Public Sector
• REG: Regulatory and Oversight Bodies
• TECH: Technology and IT
• LAW: Legal and Law Enforcement
• BUS: Business Sectors
• FIN: Financial Services
• HLTH: Healthcare and Public Health
• EDU: Education and Research
• SOC: Social Services and Housing
• INTL: International Organizations and Relations
• DEF: Defense and Military

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.

European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) #

1950 Eur. T.S. No. 5, European Convention for the Protection of Human Rights and Fundamental Freedoms (Nov. 4, 1950).

Article 8

Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national Security, public Safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

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 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and Freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national Security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

American Convention on Human Rights (1969) #

Organization of American States, American Convention on Human Rights, O.A.S. Treaty Ser. No. 36, 1144 U.N.T.S. 123 (Nov. 22, 1969).

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, or of unlawful attacks on his honour or reputation.

OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (1980) #

OECD, Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (Sept. 23, 1980).

Principle VIII

An individual should have the right:

(a) to obtain from a Data controller, or otherwise, confirmation of whether the Data controller holds Data relating to him;

(b) to have communicated to him, Data relating to him;

(c) to challenge Data relating to him and, if the challenge is successful, to obtain rectification, erasure or blocking of Data.

Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (1981) #

Council of Europe, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, ETS No. 108 (Jan. 28, 1981).

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 relating to him.

Convention on the Rights of the Child (1989) #

G.A. Res. 44/25, Convention on the Rights of the Child, U.N. Doc. A/44/49, 44 U.N. GAOR Supp. (No. 49) at 167 (Nov. 20, 1989).

Article 16

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. The child has the right to the protection of the law against such interference or attacks

United Nations Guidelines for the Regulation of Computerized Personal Data Files (1990) #

G.A. Res. 45/95, United Nations Guidelines for the Regulation of Computerized Personal Data Files, annex, U.N. Doc. A/Res/45/95 (Dec. 14, 1990).

Principle IV

Any person should have the right:

(i) to be informed of the existence of personal Data records relating to him;

(ii) to have communicated to him in an intelligible form Data relating to him;

(iii) to express his point of view before any decision is taken on the Data subject that would affect him adversely; (iv) to obtain rectification or erasure of Data.

Charter of Fundamental Rights of the European Union (2000) #

Charter of Fundamental Rights of the European Union, 2000 O.J. (C 364) 1.

Article 8

1. Everyone has the right to the protection of personal Data concerning him or her. 2. Such Data must be processed fairly for specified purposes and on the basis of the Consent of the person concerned or some other legitimate basis laid down by law. 3. Everyone has the right of access to Data which has been collected concerning him or her, and the right to have it rectified.

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

2. States Parties shall protect the Privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

Convention on Cyber Security and Personal Data Protection (2014) #

African Union, Convention on Cyber Security and Personal Data Protection, CAB/LEG/24.3 (June 27, 2014).

Article 10

Each State Party shall adopt appropriate measures to ensure that the processing of personal Data relating to them is adequate, relevant and not excessive in relation to the purposes for which they were collected and/or further processed.

Recommendation on the Ethics of Artificial Intelligence (2021) #

UNESCO, Recommendation on the Ethics of Artificial Intelligence (Nov. 26, 2021).

Article 9

1. States should ensure that any system that collects, stores or processes personal Data—particularly AI systems—adheres to the highest standards of Privacy, confidentiality and Security, and respects Data subject rights including informed Consent, access, rectification and deletion.

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