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The side-event at the Human Rights Council will discuss the applicability of existing human rights instruments to activities in cyber-space, which affect the enjoyment of human rights, and the need to enhance the existing legal framework, and recognize additional right-holders and duty-holders, to protect the basic needs and interests of individuals in cyber-space. Whereas the first set of questions revolves around the direct and indirect regulatory responsibility of the state to respect, protect and promote in cyber-space recognized human rights such as freedom of expression, freedom of information, the right to privacy, the right to be free from discrimination and the right to enjoy the benefits of scientific progress, the second set of questions may involves the responsibilities of multiple stakeholders, including states, IGOs, IT companies, and on-line communities. It also involves the consideration of additional rights or updated interpretations of existing rights, including the right to access cyber-space and operate therein on an equal basis, the right to exercise control over information and data pertaining to one-self (information self-determination and data portability), including the right to be forgotten and to exercise control over digital life after physical death, the right to due process relating to enforcement of terms of use, the right to cyber-security, etc. The growing intensity and complexity of cyber-based human and activities invites a greater attention to the interplay between traditional human rights and e-rights, and to the development of a legal framework which also comprises relevant procedures and institutions. Arguably, the Human Rights Council could serve as an important forum for fostering such a development.
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