Policy

UNITED NATIONS GUIDELINES FOR THE CONTROL OF PERSONAL COMPUTER RECORDS.

Resolution 45/95 adopted by the General Assembly of December 14, 1990. The procedures for application of the rules on computerized files containing personal data are left to the initiative of each State, subject to the following guidelines:

A. WARRANTIES CONCERNING THE MINIMUM PRINCIPLES TO PROVIDE THE NATIONAL LEGISLATION.

1. Information on persons should not be collected or processed in unfair or illegal methods, and should not be used for purposes contrary to the purposes and principles of the UN Charter.

2. Precision Principe. Those responsible for the compilation of files or those responsible for their maintenance, are required to conduct regular checks on the accuracy and relevance of the recorded data and ensure that they are kept as fully as possible with the avoid errors omission, event and update the information periodically or when a file is used during treatment.

3. Principle of the lens. The purpose for which a file is to serve and its utilization in terms of that purpose should be specified, legitimate and, once established, receive a certain amount of publicity or be brought to the attention of the person concerned, that can then be to ensure that:

a) All personal data collected and recorded remain relevant and appropriate for specific purposes;

b) None of these personal data is used or disclosed without the consent of the person concerned, for purposes incompatible with those specified;

c) The period during which the personal data are kept does not exceed that which allows the realization of those purposes.

4. Principle of access of the person concerned. Any person proving his identity has the right to know if the information is in the on and get an intelligible form, without undue costs or delays; and ensure that any changes or deletions where unnecessary or unlawful inaccurate entries are made, and when it is communicated, to be informed of their recipients. There should be a resource, if necessary, with the specified supervisor below in the beginning.

5. Principle of non-discrimination. Subject to strict exception referred to in principle 6, data should be collected that can give rise to unlawful or arbitrary discrimination, including information on race or ethnic origin, color, sex life, political opinions religious, philosophical and other beliefs, as well as being a member of an association or union.

6. Power to make exceptions. Exceptions to the principles 1-4 only be allowed if necessary to protect national security, public order, health or morals, as well as, among others, the rights and freedoms of others, especially people who are persecuted (humanitarian clause) provided that such exceptions are expressly provided for in a law or equivalent regulation promulgated in accordance with the national legal system, which expressly sets your limits and provide appropriate safeguards. Exceptions to principle 5 relating to the prohibition of discrimination, in addition to being subject to the same safeguards as those prescribed for exceptions to principles 1-4, be authorized within the limits set by the International Bill of rights and other applicable instruments in the field of protection of human rights and prevention of discrimination.

7. Principle of safety. Appropriate files to protect against natural hazards, such as accidental loss or destruction, as human beings, such as unauthorized access, misuse of data or contamination by computer viruses should be adopted.

8. Monitoring and sanctions. 2 The right of every country shall designate the authority, under its domestic legal system, will oversee compliance with the principles set out above. This authority shall offer guarantees of impartiality, independence of persons or entities responsible for processing and establishing data, and technical skills agencies. In case of violation of the provisions of national law which is actually using the above principles, should be considered criminal convictions or other sanctions and appropriate individual resources.

9. Trans border data flows. Where the legislation of two or more countries concerned by a trans-border data flow offers similar guarantees for the protection of privacy, information must flow as freely as within each of the territories concerned. If there are no reciprocal guarantees, should not be placed undue constraints such a movement, but only to the extent required by the specific privacy.

10. Range. These principles must be applied, first, to all public and private computerized files as well as the optional extension and subject to adjustments, to manual files. Special provision may also optionally apply all or part of the principles to records relating to corporations, especially when they contain information on individuals. A.

B APPLICATION GUIDELINES OF PERSONAL DATA FILES KEPT BY GOVERNMENTAL ORGANIZATIONS.

i. ii. iii. iv. v. These guidelines apply to personal data files held by governmental organizations, subject to the adjustments necessary to take account of the differences that may exist between files for internal purposes such as those concerning personnel management and files to external purposes concerning third parties having relations with the organization. vi. Each organization should designate the statutory authority to monitor compliance with these guidelines. Humanitarian clause: Can expressly provide an exception to these principles when the purpose of the file is the protection of human rights and fundamental freedoms of the individual concerned or humanitarian assistance. A similar exception should be provided for in national legislation for governmental international organizations whose agreement the organization does not prevent the implementation of the national legislation and international non-governmental organizations to which this Act applies.