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Bem, agora o mundo vai ficar mais seguro, e sobretudo mais cordial, educado, bem comportado.
Governos vão aderir de corpo e alma a esta resolução, e cessar tudo o que a antiga musa cantava...
Paulo Roberto de Almeida

Ministério das Relações Exteriores

Assessoria de Imprensa do Gabinete

Nota nº 405

26 de novembro de 2013

Resolução sobre o direito à privacidade na era digital

O Governo brasileiro registra, com satisfação, que a III Comissão da 68ª Assembleia Geral das Nações Unidas aprovou hoje, por consenso, o projeto de resolução "O direito à privacidade na era digital", apresentado por Brasil e Alemanha.

A resolução contou com um total de 55 países copatrocinadores.

O objetivo da iniciativa é promover a discussão sobre a proteção ao direito à privacidade no contexto da vigilância e da coleta de dados das comunicações digitais. O texto conclama os Estados a revisar seus procedimentos, práticas e leis no tocante à vigilância e à intercepção de comunicações e à coleta de dados pessoais, de forma a respeitar o direito à privacidade. O texto solicita, ainda, que a Alta Comissária das Nações Unidas para os Direitos Humanos apresente, nos próximos dois anos, relatórios sobre a proteção do direito à privacidade face ao uso de ferramentas nacionais e extraterritoriais de monitoramento das comunicações.

Transcreve-se, abaixo, o texto aprovado:

The right to privacy in the digital age

The General Assembly,

Reaffirming the purposes and principles of the Charter of the United Nations,

Reaffirming also the human rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights and relevant international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,

Reaffirming further the Vienna Declaration and Programme of Action,

Noting that the rapid pace of technological development enables individuals all over the world to use new information and communication technologies and at the same time enhances the capacity of Governments, companies and individuals to undertake surveillance, interception and data collection, which may violate or abuse human rights, in particular the right to privacy, as set out in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights, and is therefore an issue of increasing concern,

Reaffirming the human right to privacy, according to which no one shall be subjected to arbitrary or unlawful interference with his/her privacy, family, home or correspondence, and the right to the protection of the law against such interferences, and recognizing that the exercise of the right to privacy is important for the realization of the right to freedom of expression and to hold opinions without interference, and one of the foundations of a democratic society,

Stressing the importance of the full respect for the freedom to seek, receive and impart information, including the fundamental importance of access to information and democratic participation,

Welcoming the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, submitted to the Human Rights Council at its twenty-third session, on the implications of States' surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression,

Emphasizing that unlawful or arbitrary surveillance and/or interception of communications, as well as unlawful or arbitrary collection of personal data, as highly intrusive acts, violate the rights to privacy and freedom of expression and may contradict the tenets of a democratic society,

Noting that while concerns about public security may justify the gathering and protection of certain sensitive information, States must ensure full compliance with their obligations under international human rights law,

Deeply concerned at the negative impact that surveillance and/or interception of communications, including extraterritorial surveillance and/or interception of communications, as well as the collection of personal data, in particular when carried out on a mass scale, may have on the exercise and enjoyment of human rights,

Reaffirming that States must ensure that any measures taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law,

1. Reaffirms the right to privacy, according to which no one shall be subjected to arbitrary or unlawful interference with his/her privacy, family, home or correspondence, and the right to the protection of the law against such interference, as set out in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights;

2. Recognizes the global and open nature of the Internet and the rapid advancement in information and communication technologies as a driving force in accelerating progress towards development in its various forms;

3. Affirms that the same rights that people have offline must also be protected online, including the right to privacy;

4. Calls upon all States:

(a) To respect and protect the right to privacy, including in the context of digital communication;

(b) To take measures to put an end to violations of those rights and to create the conditions to prevent such violations, including by ensuring that relevant national legislation complies with their obligations under international human rights law;

(c) To review their procedures, practices and legislation regarding the surveillance of communications, their interception and collection of personal data, including mass surveillance, interception and collection, with a view to upholding the right to privacy by ensuring the full and effective implementation of all their obligations under international human rights law;

(d) To establish or maintain existing independent, effective domestic oversight mechanisms capable of ensuring transparency, as appropriate, and accountability for State surveillance of communications, their interception and collection of personal data;

5. Requests the United Nations High Commissioner for Human Rights to present a report on the protection and promotion of the right to privacy in the context of domestic and extraterritorial surveillance and/or interception of digital communications and collection of personal data, including on a mass scale to the Human Rights Council, at its twenty-seventh session, and to the General Assembly at its sixty-ninth session, with views and recommendations, to be considered by Member States;

6. Decides to examine the question at its sixty-ninth session, under the sub-item entitled "Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms" of the item entitled "Promotion and protection of human rights".

Ministério das Relações Exteriores

Assessoria de Imprensa do Gabinete

Nota nº 406

26 de novembro de 2013

Discurso do Representante Permanente do Brasil junto à ONU, Embaixador Antonio de Aguiar Patriota, em sessão da III Comissão da 68ª Assembleia Geral da ONU, sobre a resolução "Direito à privacidade na era digital"

Nova York, 26 de setembro de 2013

Versão em português será divulgada oportunamente

Mr. Chair,

On 7 November, Brazil and Germany introduced the text on which action will be taken in a few minutes. Since that day the list of co-sponsors has consistently grown, from the initial 10 co-sponsors to the current close to 50 Members. Co-sponsors to document L.45/Rev.1 represent a wide spectrum of the UN Membership, including countries of all regions of the world and levels of development. The breadth of support clearly signals the importance of the issue.

With this resolution, we inaugurate, at the UN, a much needed debate on upholding the right to privacy in the digital age and examining human rights violations that may result from domestic and extraterritorial surveillance and interception of communications and collection of data.

Throughout the informal consultations we promoted a participatory and inclusive process and endeavored to incorporate improvements while preserving the essential elements of the original draft.

The thrust of the resolution goes to the core of Brazil's concern as stated by President Dilma Roussseff at the opening of the 68th UNGA, that is: to consider possible human rights violations - arising from domestic and extraterritorial surveillance on a mass scale - in particular of the right to privacy, which is a critical dimension of the right to freedom of opinion and expression and a fundamental tenet of democracy.

Mr. Chair,

Through this resolution, the General Assembly establishes, for the first time, that human rights should prevail irrespective of the medium, and therefore need to be protected both offline  and online.

It also reiterates that human rights are universal, and this has two implications. The first is that each and every individual is entitled to their promotion and protection. The second is that States should refrain from and be held accountable for any act that may violate these rights, including the right to privacy.

We believe, therefore, that the legitimate concerns with security - that States may have - can and should be addressed in a manner consistent with Members' obligations under international human rights law.

We expect that resolution L.45/Rev.1 will launch a debate that is central to our times on surveillance and respect for human rights in cyberspace. In so doing, the UN will demonstrate it can keep pace with the rapid evolution of information and communication technology, and, at the same time, safeguard the protection of human rights and the legitimate concerns of Governments, organized civil society and individuals.

In closing, Brazil would like to thank again the firm and continued support of the co-sponsors and Members who have assisted us in this process of introducing into the UN agenda a theme of utmost importance to our peoples and Governments. As Amnesty International has stated in a letter addressed to all UN Members on 11/20, by supporting this draft resolution, we will be upholding "the right of all individuals to use information and communication technologies such as the Internet without fear of unwarranted interference".

As Brazil affirmed earlier this month, we should all agree that the human right to privacy is pivotal to any democratic society. Full participation in democracy implies full protection of individual liberties, including the right to privacy in the digital age.