UN Regulations

Abstract

This report starts with an overview of the general data protection framework by addressing important sources of UN law regarding data protection, e.g. article 12 UDHR. Here, definition and classified categories of personal data in the different legislations as well as supervising and controlling entities, e.g. UNHRC or OHCHR and self-regulation instruments like article 40 ICCPR are discussed.

The second part deals with personal data processed by electronic means. In this connection, this part defines the main principles of the UN Guidelines such as the principle of accuracy or purpose-specification.

The same applies to part three, where the main principles regarding data protection in the electronic communications sector are presented.

Part four examines data protection and digital forensics and hereto exposes rules of the UN Regulation for the purpose of the investigation, detection and prosecution of crimes. This includes rules like article 11 of the CoE Privacy Framework, paragraph 4 OECD Privacy Framework and rules of the ECOWAS Privacy Framework.

Part five deals with data protection and electronic surveillance for security and defense purposes and explains relevant rules like article 11 of the CoE Privacy Framework and several other rules of the APEC Privacy Framework, paragraph 4 OECD Privacy Framework and article 7 and 8 of the ECOWAS Supplementary Act.

Almost conclusively, in part six remedies and sanctions for the breach of data protection rules are presented. These are regulated in article 12 and 15 of the CoE Privacy Framework or article 20 and 21 of the ECOWAS Privacy Framework.

The report ends with a conception of private international law rules like the UNHCR Policy, APEC Privacy Framework and ECOWAS Privacy Framework.