78
and compatible with international human rights
law and standards.
2.
States shall not engage in or condone any
disruption of access to the internet and other
digital technologies for segments of the public
or an entire population.
3.
States shall only adopt economic
measures, including taxes, levies and duties,
on internet and information and communication
technology service end-users that do not
undermine universal, equitable, affordable and
meaningful access to the internet and that are
justifiable and compatible with international
human rights law and standards.
Principle 39. Internet intermediaries
1.
States shall require that internet
intermediaries enable access to all internet
traffic equally without discrimination on the
basis of the type or origin of content or the
means used to transmit content, and that
internet intermediaries shall not interfere with
the free flow of information by blocking or giving
preference to particular internet traffic.
2.
States
shall
not
require
internet
intermediaries to proactively monitor content
which they have not authored or otherwise
modified.
3.
States shall require internet intermediaries
to ensure that in moderating or filtering online
content, they mainstream human rights
safeguards into their processes, adopt mitigation
strategies to address all restrictions on freedom
of expression and access to information online,
ensure transparency on all requests for removal
of content, incorporate appeal mechanisms, and
offer effective remedies where rights violations
occur.
4.
States shall not require the removal of
online content by internet intermediaries unless
such requests are:
a.
clear and unambiguous;
b.
imposed by an independent and impartial
judicial authority, subject to sub-principle 5;
c.
subject to due process safeguards;
d.
justifiable
and
compatible
with
international human rights law and standards;
and
e.
implemented through a transparent
process that allows a right of appeal.
5.
Law-enforcement agencies may request
intermediaries for the expedited or immediate
removal of online content that poses imminent
danger or constitutes real risk of death or
serious harm to a person or child, provided
such removal is subject to review by judicial
authority.
6.
States shall ensure that the development,
use and application of artificial intelligence,
algorithms and other similar technologies by
internet intermediaries are compatible with
international human rights law and standards,

and do not infringe on the rights to freedom
of expression, access to information and other
human rights.
Principle 40. Privacy and the protection
of personal information
1.
Everyone has the right to privacy, including
the confidentiality of their communications and
the protection of their personal information.
2.
Everyone has the right to communicate
anonymously or use pseudonyms on the
internet and to secure the confidentiality of
their communications and personal information
from access by third parties through the aid of
digital technologies.
3.
States shall not adopt laws or other
measures prohibiting or weakening encryption,
including backdoors, key escrows and data
localisation requirements, unless such measures
are justifiable and compatible with international
human rights law and standards.
Principle 41 Privacy and communication
surveillance
1.
States shall not engage in or condone
acts of indiscriminate and untargeted collection,
storage, analysis or sharing of a person’s
communications.
2.
States shall only engage in targeted
communication surveillance that is authorised
by law, that conforms with international human
rights law and standards, and that is premised
on specific and reasonable suspicion that a
serious crime has been or is being carried out
or for any other legitimate aim.
3.
States shall ensure that any law authorising
targeted communication surveillance provides
adequate safeguards for the right to privacy,
including:
a.
the prior authorisation of an independent
and impartial judicial authority;
b.
due process safeguards;
c.
specific limitation on the time, manner,
place and scope of the surveillance;
d.
notification of the decision authorising
surveillance within a reasonable time of the
conclusion of such surveillance;
e.
proactive transparency on the nature and
scope of its use; and
f.
effective monitoring and regular review
by an independent oversight mechanism.
Principle 42 Legal framework for the
protection of personal information
1.
States shall adopt laws for the protection
of personal information of individuals in
accordance with international human rights law
and standards.
2.
The processing of personal information
shall by law be:

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