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for companies and States seeking to address the potential harms of digital technologies
by effectively managing associated risks to people, as they precisely seek to manage the
gap between rapid change ... and the capacity of society to manage its consequences”.
78.
However, more action is clearly needed. States need to design technology sector
policies that are coherent and regulations that are fully in line with the Guiding
Principles in order to create an environment in which human rights are protected. As
for technology companies, they are a key driving force in shaping the digital innovation
space and a vital stakeholder in the transformation of the digital transition into a
responsible one – and even more pressing, the creation of a rights-respecting digital
ecosystem and inclusive space. Moreover, when human rights harms result from the
use of technologies, affected stakeholders need to have access to remedial mechanisms.
Both technology companies and Governments alike need to redouble their efforts and
work together across national boundaries to overcome disjointed approaches, to
address gaps in the coverage of different remediation mechanisms, to promote greater
coherence and interoperability of different regimes and processes (including in a crossborder context) and to address flaws in background regimes that may be exacerbating
barriers to remedy.
79.
Multi-stakeholder cooperation is crucial in addressing the challenges and
optimizing the opportunities arising from new technologies. A particular focus has to
be put on addressing the implications of technology for people in vulnerable situations
and taking into account gender equality and the digital divide, in order to ensure that
there is no discrimination and that everyone will profit from the economic and social
development new technologies can bring.
80.
The Guiding Principles 10+ road map sets out a number of recommendations,
which are endorsed by OHCHR, on how to optimize digital transformation through
respect for human rights.
81.
Reflecting key parts of the road map recommendations, the B-Tech Project
outputs and the consultation and submissions received in the preparation of the present
report, OHCHR makes the following recommendations aimed at further advancing the
practical application on the Guiding Principles to the activities of technology
companies.
82.
States should:
(a)
Review existing laws and policies with regard to their applicability for
protecting human rights potentially affected by new technologies;
(b)
Adopt an appropriate smart mix of policy and regulatory measures
aligned with the Guiding Principles and developed through an inclusive consultative
process involving civil society, technology companies and other relevant stakeholders;
(c)
Use public procurement of digital technology as a tool to scale up
commitment to and implementation of respect for human rights among businesses;
(d)
Adopt appropriate measures mandating effective human rights due
diligence by technology companies;
(e)
Adopt or revise national action plans on business and human rights to
incorporate effective measures to prevent and address human rights risks relating to
technology companies;
(f)
Adopt appropriate regulatory and policy frameworks for investors to
promote rights-respecting investment in the technology sector;
(g)
Strengthen or build multilateral alliances to promote the respect for
human rights in the technology sector;
(h)
Provide resources for dedicated independent bodies to tackle human
rights issues in the technology sector, such as national human rights institutions and
data protection authorities;
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