A/HRC/50/56 assist companies in preventing their products or services with surveillance capabilities from being misused by foreign government end-users to commit human rights violations.17 18. In the Guiding Principles, States are also called upon to encourage, and where appropriate require, business enterprises to communicate how they address adverse impacts on human rights stemming from or linked to their business (guiding principle 3). This also applies to digital technology business practices, products and services. Meaningful reporting and transparency standards introduced by Governments can enhance the understanding of risks to people related to digital technologies and provide better evidence to compare corporate actions to address such risks. 18 Of particular importance in this regard is transparency regarding human rights due diligence processes, focusing on ongoing assessment and action, as well as the engagement of and communication with potentially affected groups and other relevant stakeholders. 2. The State-business nexus 19. The State duty to protect also applies to a State’s own actions as an economic actor (guiding principle 4). State obligations and business responsibilities are complex in situations in which States contract with, partner with, license from, or support technology companies. In such situations, in accordance with the Guiding Principles, it is recommended that States take additional steps to protect against human right abuse, including, where appropriate, by requiring human rights due diligence when financing, supporting or owning a business or when outsourcing or contracting in relation to public services or procuring goods and services. 20. When State actors involve technology companies in the provision of public services and goods, they need to exercise adequate oversight to ensure that those companies respect human rights and that cooperation with those companies does not adversely impact the enjoyment of human rights (guiding principle 5), such as when algorithmic decision-making is used to manage public infrastructure in the context of smart cities. Additional steps may be required to protect against human rights abuses by technology enterprises that are owned or controlled by the State or receive substantial support from State agencies. Additional steps may also be necessary to ensure human rights compliance when the State procures digital technologies from private sector entities. In such business relationships, the State holds significant leverage to incentivize technology companies to ensure respect for human rights (guiding principle 6). For example, as digital technologies are used in public health governance, States can use the potential of public procurement as a tool to scale up commitment and implementation of business respect for human rights, for example, pushing for privacy-friendly public health apps.19 This has been a topic of debate in relation to State demands on technology companies for access to data and functionality in the context of trackand-trace apps developed to address the coronavirus disease (COVID-19) pandemic. 3. Ensuring policy coherence 21. While taking action to uphold the duty to protect human rights, the Guiding Principles stipulate that States should ensure policy coherence (guiding principle 8). 22. In the context of digital technologies, this means ensuring coordination on matters related to the adverse impacts of digital technologies across government departments, agencies and State-based institutions, on both the national and subnational levels, and when States participate in multilateral institutions and enter into trade and investment agreements. National human rights institutions can function as key partners to enhance State capacity and expertise in this area.20 17 18 19 20 See https://www.ohchr.org/sites/default/files/2022-03/UnitedStates.pdf. See OHCHR B-Tech Foundational Paper, “The UN Guiding Principles in the Age of Technology”. See https://www.ohchr.org/sites/default/files/Documents/Issues/Business/B-Tech/writeup_IGF_panel.pdf. See https://www.ohchr.org/sites/default/files/2022-03/RepublicofKorea.pdf; https://www.ohchr.org/sites/default/files/2022-03/NHRI_B_Tech_consultation.pdf; and 5