Lithuania: Privacy taken very seriously but more can be done to protect vulnerable groups, says UN expert

Privacy is taken very seriously in Lithuania but more can be done to ensure vulnerable groups such as migrants and refugees, older persons, children and LGBTIQ+ are provided greater protection, a UN expert said.

At the end of a five-day official visit, from 12 to 16 December, the UN Special Rapporteur on the right to privacy, Ana Brian Nougrères, welcomed the comprehensive legal framework in which privacy and data protection are safeguarded but noted that some elements of civil society are not yet fully protected.

“Lithuania is very advanced in the digital world and its many e-systems require high levels of personal data to be processed,” the Special Rapporteur said in a statement.

The country is a strong example within the Baltic region and is aligned to the EU framework on General Data Protection Regulation (GDPR), she said. “Yet officials acknowledged that the State must continue to amend its legal and regulatory systems and implement measures to ensure a progressive evolution to promote and protect the right to privacy which is enshrined in its Constitution.”

An example is the newly created Ombudsman on National Security which was passed by Parliament and is expected to come into effect on 1 January 2023, pending a decision by the Constitutional Court.

“The institutions reflect robust frameworks that respect fundamental rights and freedoms in a democratic society while mitigating the risks of misuse of personal information and communication technologies and other technological developments – all of which is crucial to innovation and to safeguarding the right to privacy of its citizens,” she said.

Brian Nougrères’ noted that the specialised authorities clearly understand the importance of the international guiding principles of legality, purpose, proportionality, consent, transparency, and security to balance the conflicting interests in the processing of personal data and the right to privacy in the digital era.

The expert shared her philosophy of the importance of awareness, education, cooperation and regulatory harmonisation at the regional and international level, nothing that Lithuania is already well placed. It is remarkable transition from 1990 when Lithuania became the first Baltic State to declare independence from the former Soviet Union, where its citizens were under constant surveillance, and rebuild its society to value privacy and prioritise personal security.

The UN expert examined privacy issues in relation to data protection - including health data collected during COVID-19, sharing of data across borders, surveillance, security including cybersecurity, artificial intelligence, privacy and data concerns in the context of migration, freedom of expression and association, private life, autonomy and children in the digital age.

In Vilnius, the UN expert met Government officials, members of Parliament, the judiciary, civil society and representatives of the international community.

The Special Rapporteur shared her preliminary observations with the government and will submit her report of the visit to the Human Rights Council in March 2024.

ENDS