Human rights standards and guidelines on the use of digital technologies in electoral processes

As the use of digital technologies in electoral processes is growing in scale and scope, so too does their impact on human rights.

PI has partnered with the OHCHR and The Carter Center to develop practical guidance for States, businesses and political actors on the human rights compliant use of technologies throughout the electoral cycle.

The growing reliance on digital and data-driven technologies, including artificial intelligence (AI), in electoral processes has significantly transformed election management and political campaigning.

These technologies increasingly shape voter registration, voting, vote counting and results transmission, political communication and public participation. At the same time, as electoral technologies become embedded in the wider digital environment, they have blurred traditional distinctions between the different stages of the electoral process, as well as between electoral infrastructure and the broader information ecosystem. For example, the ability to analyse vast amount of personal data has redefined political campaigning, while the introduction of biometric voter registration has led to the development of nationwide databases. This shift gives rise to new and complex challenges for applying established human rights norms and ensuring effective protection of rights in practice.

Under international human rights law, States are the primary duty bearers and are obliged to respect, protect, and fulfil human rights in electoral processes, including if, when and how technologies are used. The State obligation to protect human rights  encompasses the duty to regulate and oversee the conduct of businesses that may interfere with human rights. In addition, businesses have an independent responsibility to respect human rights, in line with the UN Guiding Principles on Business and Human Rights.

These human rights standards are set out in more detail in Part I. This section identifies a selection of central human rights relevant to electoral processes and briefly outlines their core legally binding content as established in international human rights law and interpreted by treaty bodies. It also highlights the responsibilities of businesses and the obligation of States to protect human rights from third-party violations.

Building on these standards, Part II sets out recommended guidelines for States (including electoral management bodies) businesses, and political actors to effectively operationalise these international human rights standards with respect to digital technologies for the purposes of:

• voter registration, identification and authentication;
• the use of biometric data;
• the procurement of businesses in the election cycle;
• the use of personal information during electoral processes;
• the proliferation of microtargeting for political advertising;
• the rise in disinformation and hate speech.

These guidelines aim to provide practical recommendations on the human rights compliant use of technologies in electoral processes, throughout the electoral cycle. The guidelines are informed by relevant best practices. Given the breadth and complexity of electoral processes and the range of human rights questions that may arise, this document is not intended to be exhaustive.

This guidance was developed collaboratively over the past two years by the OHCHR, PI, and The Carter Center, in consultation with representatives from UN bodies, civil society, academia, and election oversight institutions. Background information and an annotated bibliography are included in the Summary of an Expert Consultation on Human Rights, Digital Technologies, and Elections.