SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
How to start the application process:
The application process consists of two parts: the first part is a web-based survey and
the second part is an application form in Word format. Both parts and all sections of
the application form need to be completed for the application to be processed.
First part: The web-based survey for two additional mandates is used to collect
information for statistical purposes such as personal data (i.e. name, gender,
nationality), contact details, mandate/s applying for and nominating entity. The
web-based survey for two additional mandates should only be completed
once, even if the candidate is applying for both additional mandates. Multiple
selection is allowed to indicate an application for both mandates.
Second part: The application form in Word which can be downloaded, completed and
saved in Word format and then submitted as an attachment by email. Information
provided in this form includes a motivation letter of maximum 600 words. The
application form should be completed in English only. It will be used as received to
prepare the public list of candidates who applied for each vacancy and will be made
available to concerned parties, including through the OHCHR public website.
Once completed, the application form in Word should be submitted by email to
hrcspecialprocedures@ohchr.org
If the candidate is applying for more than one mandate, a mandate-specific Word
application form needs to be completed and submitted for each mandate.

A maximum of three reference letters can be attached, in pdf format, to the
application sent by email. No additional documents such as CVs or lists of
publications will be accepted.

Application deadline: 30 April 2015 (12.00 noon GMT)

Shortlisted candidates will be interviewed at a later stage.
General description of the selection process is available at
http://www.ohchr.org/EN/HRBodies/SP/Pages/Nominations.aspx
Please note that for Working Group appointments, only nationals of States belonging
to the specific regional group are eligible. Please refer to the list of United Nations
regional groups of Member States at
http://www.un.org/depts/DGACM/RegionalGroups.shtml
In case of technical difficulties, or if you encountering problems completing or
accessing any of the forms, the Secretariat may be contacted by email at
hrcspecialprocedures@ohchr.org or fax at + 41 22 917 9011.
An acknowledgment email will be sent when we receive both parts of the
application process, i.e. the information through the web-based survey and
the Word application form by email.
Thank you for your interest in the work of the Human Rights Council.
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
I. PERSONAL DATA
1. Family name: Ben Miled
5. Sex:
2. First name: Héla
6. Date of birth (dd-mm-yy): 29nov.-58
7. Place of birth: Tunis
3. Maiden name (if any): Bey
4. Middle name: /
Male
Female
8. Nationality (please indicate the
nationality that will appear on the
public list of candidates): Tunisian
9. Any other nationality: /
II. MANDATE - SPECIFIC COMPETENCE / QUALIFICATIONS / KNOWLEDGE
NOTE: Please describe why the candidate’s competence / qualifications /
knowledge is relevant in relation to the specific mandate:
1. QUALIFICATIONS (200 words)
Relevant educational qualifications or equivalent professional experience in
the field of human rights; good communication skills (i.e. orally and in
writing) in one of the six official languages of the United Nations (i.e. Arabic,
Chinese, English, French, Russian, Spanish.)
I have a masters degree in public law (specialty international law and International
Organizations).
I have conducted a large number of research projects related to the privacy right
from a human rights perspective such as(not an exhaustive list): “a comparative
study on the bodies in charge of controlling the interception of communications”,
“Tunisian experience of open data”, “the new challenges regarding the transfer of
personal data abroad”, “the creation of a credit bureau in Tunisia: risks for personal
freedoms” , “the data protection issues raised by cloud computing”,” the
computerized medical file and discrimination risks”, “the issues raised by the cyber
surveillance of employees” “ the use of biometric data” etc.
I have also attended a number of training sessions related to (not an exhaustive list):
"the Administrative judge and the Human Rights", “the reform of the intelligence
services”, “The cross-border transfers of personal data»,” The control on data
security”, “the new technological challenges on the privacy”…
I am able to communicate easily as I have given conferences. I am also experienced
in writing reports and judgments and I am the vis-a-vis with international
organizations.
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
I am a native Arabic and French speaker with an excellent command of English.
2. RELEVANT EXPERTISE (200 words)
Knowledge of international human rights instruments, norms and principles.
(Please state how this was acquired.)
Knowledge of institutional mandates related to the United Nations or other
international or regional organizations’ work in the area of human rights.
(Please state how this was acquired.)
Proven work experience in the field of human rights. (Please state years of
experience.)
From my studies of international law, I have an academic knowledge of the
international Human Rights law.
I would like to emphasize that in my 30 years professional career, I specialized in
Human Rights law:
1-As a judge in the Tunisian Administrative Court of Justice, I have to rule in
miscellaneous cases of violation of individual freedoms directly linked with the
freedom of opinion for civil servants for instance or the right of a civil servant to
strike and to be a member of a trade union or the right to have a passport etc.
2-As a Commissioner in the Tunisian Securities Commission, my main responsibility
was to protect the economic rights of investors, in particular the small investors in
cases of takeovers or insider trading for example.
3-As a Commissioner in the Tunisian Data Protection Authority, I defended and
promoted data subjects’ rights which need to be more protected in a context of
globalization and new technologies. I also checked that the data processors
obligations were fulfilled (security, confidentiality for instance), more specifically
when there were subcontractors or data transfers abroad.
I also have an excellent knowledge of case law and current trends of the right to
privacy.
3. ESTABLISHED COMPETENCE (200 words)
Nationally, regionally or internationally recognized competence related to
human rights. (Please explain how such competence was acquired.)
I am deeply committed to the application of Human Rights values without
discrimination.
I conducted a research about the creation of a credit bureau in Tunisia, assessing the
risks of discrimination and blacklisting.
From my experience on the field of communications interception, I made the
recommendation that a lawful interception must be made only under the control of an
effective independent body which regularly reports to Parliament, in order to avoid
discriminating people by the use of their confidential information.
One of my main concerns related to the project of computerized medical file, was
data confidentiality and security in order to avoid discriminating people by the use of
their medical information.
3|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
Children and teenagers are vulnerable groups and I worked for a campaign on
schools and universities for their awareness regarding the correct use of Internet.
I have also an experience on developing legislation (cybercrime law, Medical file law
and binding corporate rules between the French-Speaking countries).
I established interactive relationships with ministries and companies which use
personal data. I worked to create a laboratory in charge of following the last trends of
new technologies. I was always advocating to create an association for the protection
of data subjects ‘rights.
4. FLEXIBILITY/READINESS AND AVAILABILITY OF TIME (200 words)
to perform effectively the functions of the mandate and to respond to its
requirements, including participating in Human Rights Council sessions in
Geneva and General Assembly sessions in New York, travelling on special
procedures visits, drafting reports and engaging with a variety of
stakeholders. (Indicate whether candidate can dedicate an estimated total
of approx. three months per year to the work of a mandate.)
I am of the opinion that I have the time available which would allow me to effectively
perform the mandate and I have the willingness to do this. As I work in the
Administrative Court of Justice, I do not have to be present on a full time basis. I can
organize my work (meetings, Court) like I wish. I work a lot at home and at the Law
University Library when doing research.
I also have 2 months of judiciary vacation during summers and I can take days off
during the rest of the year.
So, I can easily dedicate three months per year to the work of the Special Rapporteur
on the Right to Privacy mandate.
I am also ready to travel in case of emergency for example, to attend the Human
Rights Council sessions in Geneva and the General Assembly sessions in New York, to
conduct in-countries investigations in all parts of the world, to prepare annual reports
and countries mission reports and to attend seminars on the privacy.
I also have a strong sense of responsibility developed through challenging senior
positions, the capacity to work under pressure and the willingness to promote the
right to privacy.
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
III. MOTIVATION LETTER (600 word limit)
My experiences in the Human Rights field in general and in the data protection field in
particular, also my independence from any political or governmental interference and
my education will make me a suitable candidate.
Being a judge in the Tunisian Administrative Court of Justice is akin to being a pupil in
“the school of Human Rights” as it has allowed me to become familiar with various
aspects of Human Rights.
Being a Commissioner in the Tunisian Securities Commission was like following the
same path. I had to protect the investors’ economic rights, in particular the right of
the small investor.
Being a Commissioner in the Tunisian Data Protection Authority was a fulfilling role. I
had to spread and promote a culture of privacy for the “users” of personal data
(administration, banks, private corporations, health providers, telecommunication
service providers...) and to defend the rights of data subjects. I assessed the
Tunisian Data Protection Act in order to identify its inaccuracies. I made the
government aware of the poorly drafted data protection law, in addition to its Human
Rights violations and also the economic repercussions on the foreign investment. The
interests at stake are huge and are directly linked with the employment and
development of the country.
I have always advocated for the adequacy of data protection provided in Tunisia with
international standards in order to give my country the opportunity to be recognized
by the European Union as a country that ensures an adequate level of protection
within the meaning of Directive 95/46/EC. I have submitted recommendations to the
Ministry of Justice and brought to the attention of some Members of Parliament the
necessity to review the Data Protection Act.
I have conducted a large number of studies and research projects in the field of data
protection such as a comparative study on the bodies in charge of controlling the
interception of communications, the Tunisian experience of open data, the new
challenges regarding the transfer of personal data abroad, the creation of a credit
bureau in Tunisia and the risks regarding protection of personal freedoms , the data
protection issues raised by cloud computing, the computerised medical file and
discrimination risks, the data protection law and medical research, the independence
of data protection bodies, the issues raised by the cybersurveillance of employees
and the use of biometric data etc.
I was also a member of teams responsible for drafting laws which had a big impact on
privacy, for example the cybercrime law and the Medical file law etc.
I led the process of Tunisian DPA accreditation to become a member of the
International Conference of Data Protection and Privacy Commissioners and a
member of the French-speaking Association of Data Protection.
I give a number of presentations at international conferences and I had undergone
training on an international level. I worked on a twining project with the European
Union in order to give assistance in the Tunisian DPA to launch a campaign for the
awareness of children and teenagers regarding the correct use of Internet. I was also
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
given the responsibility for writing the annual report and giving independent advice to
the government.
Being a practitioner of data protection law in a developing country has given me a
more pragmatic overview of the problems, for example that it is impossible to make
people aware of the protection of their privacy without the involvement of the civil
society. This approach can be helpful if we want to develop a worldwide privacy
culture.
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
IV. LANGUAGES (READ / WRITTEN / SPOKEN)
Please indicate all language skills:
Mother tongue: Arabic
Arabic: Yes or no: Yes
If yes,
Read: Easily or Not easily: easily
Write: Easily or Not easily: easily
Speak: Easily or Not easily: easily
Chinese: Yes or no: No
If yes,
Read: Easily or not easily:
Write: Easily or not easily:
Speak: Easily or not easily:
English: Yes or no: Yes
If yes,
Read: Easily or not easily: Easily
Write: Easily or not easily: Easily
Speak: Easily or not easily: Easily
French: Yes or no: Yes
If yes,
Read: Easily or not easily: Easily
Write: Easily or not easily: Easily
Speak: Easily or not easily: easily
Russian: Yes or no: No
If yes,
Read: Easily or not easily:
Write: Easily or not easily:
Speak: Easily or not easily:
Spanish: Yes or no: No
If yes,
Read: Easily or not easily:
Write: Easily or not easily:
Speak: Easily or not easily:
7|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
V. EDUCATIONAL RECORD
NOTE: Please list the candidate’s academic qualifications (university level
and higher).
Name of degree and name of academic
institution:
Years of
attendance
(from-to):
Place and
country:
Diplôme d’études approfondies (DE.A.) en
Droit Public, Université de Tunis, (1982).
1980-1982
Law University of
Tunis
Maîtrise en Droit Public, Université de Tunis
(1980).
1976-1980
Law University of
Tunis
International Legal English
Certificate(ILEC)
Cambridge Advanced English (CAE)
8|Page
2014
Paris
2013
Tunis
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
VI. EMPLOYMENT RECORD
NOTE: Please briefly list ALL RELEVANT professional positions held,
beginning with the most recent one.
Name of employer,
functional title,
main functions of position:
Years of work
(from-to):
Place and
country:
Judge in the Administrative Court of Tunis
November 2014
to now
Tunis
Commissioner for the Tunisian Data Protection
Authority TDPA -Instance Nationale de Protection
des Données à Caractère Personnel-
2008 to 2014
Tunis
Judge in the Administrative Court of Tunis
2005-2008
Tunis
Commissioner in the Tunisian securities
Commission-Conseil du Marché Financier
1995-2005
Tunis
Judge in the Administrative Court of Tunis
1984-1995
Tunis
-
9|Page
SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
VII. COMPLIANCE WITH ETHICS AND INTEGRITY PROVISIONS
(of Human Rights Council resolution 5/1)
1. To your knowledge, does the candidate have any official, professional,
personal, or financial relationships that might cause him/her to limit the
extent of their inquiries, to limit disclosure, or to weaken or slant findings in
any way? If yes, please explain.
No
2. Are there any factors that could either directly or indirectly influence,
pressure, threaten, or otherwise affect the candidate’s ability to act
independently in discharging his/her mandate? If yes, please explain:
No
3. Is there any reason, currently or in that past, that could call into question
the candidate’s moral authority and credibility or does the candidate hold
any views or opinions that could prejudice the manner in which she/he
discharges his mandate? If yes, please explain:
No
4. Does the candidate comply with the provisions in paragraph 44 and 46 of
the annex to Human Rights Council resolution 5/1?
Para. 44: The principle of non-accumulation of human rights functions
at a time shall be respected.
Para. 46: Individuals holding decision-making positions in Government
or in any other organization or entity which may give rise to a conflict
of interest with the responsibilities inherent to the mandate shall be
excluded. Mandate holders will act in their personal capacity.
Yes
5. Should the candidate be appointed as a mandate holder, he/she will have
to take measures to comply with paragraphs 44 and 46 of the annex to
Council resolution 5/1. In the event that the current occupation or activity,
even if unpaid, of the candidate may give rise to a conflict of interest (e.g. if
a candidate holds a decision-making position in Government) and/or there is
an accumulation of human rights functions (e.g. as a member of another
human rights mechanism at the international, regional or national level),
necessary measures could include relinquishing positions, occupations or
activities. If applicable, please indicate the measures the candidate will take.
I am currently a member of the Global Pulse Advisory Group which is a Big Data think
tank .In my opinion, there is no conflict of interest because it is only a discussion
group where members can exchange opinions and a way to become updated with
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SECOND PART: APPLICATION FORM IN WORD
Special Rapporteur on the right to privacy
[HRC resolution 28/16]
Appointments of additional special procedures mandate holders to be
made at HRC29 in July 2015
the latest news on privacy in general.For me, to be part of this group is a good way
to be on the cutting edge.
However if the President and the members of the Human Rights Council are of the
view that there is a conflict of interest , I would, of course, resign.
****
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