ICCPR Recommendations 2024, paragraph 51
Plain English recommendation
Specifically, the Government should apply strict safeguards and oversight in the Investigatory Powers (Amendment) Bill and the Data Protection and Digital Information Bill, including judicial reviews in line with international standards. The State should guarantee that its regulations on sharing personal communications fully comply with the Covenant, especially article 17. Any interference with privacy must follow the principles of legality, proportionality, and necessity. The Government should also adopt and enforce measures to ensure that the Online Safety Act 2023 does not undermine the right to freedom of expression.
Original UN recommendation
The State party should take all the measures necessary to guarantee the full enjoyment by everyone of the right to privacy and freedom of expression, in accordance with articles 17 and 19 of the Covenant and the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression, and that any restrictions comply with the strict requirements of articles 17 and 19 (3) of the Covenant. In particular, the Committee urges the State party to ensure that proposals in the Investigatory Powers (Amendment) Bill and the Data Protection and Digital Information Bill apply strict safeguards and oversight, including judicial review, in compliance with international standards. It should ensure that its regulations relating to the intelligence-sharing of personal communications are in full conformity with the Covenant, in particular article 17, and that any interference with the right to privacy complies with the principles of legality, proportionality and necessity. It should adopt and effectively enforce measures to ensure that the Online Safety Act 2023 does not undermine the right to freedom of expression.
Date of UN examination
03/05/2024
Original UN document
Download the original ICCPR concluding observations 2024 on the UN website.