2
ISSUES: Privacy
Chapter 1: What is privacy?
transgressor – the detaining official,
the censor or the police.
Increasingly, we aren’t being informed
about the monitoring we are placed
under, and aren’t equipped with the
capabilities or given the opportunity
to question these activities.
Secret surveillance, done sparingly in
the past because of its invasiveness,
lack of accountability and particular
risk to democratic life, is quickly
becoming the default.
Privacy International envisions a
world in which privacy is protected,
respected and fulfilled. Increasingly
institutions are subjecting people
to surveillance, and excluding us
from being involved in decisions
about how our lives are interfered
with, our information processed, our
bodies scrutinised, our possessions
searched. We believe that in order
for individuals to participate in the
modern world, developments in laws
and technologies must strengthen
and not undermine the ability to freely
enjoy this right.
Is privacy a right?
Privacy is a qualified, fundamental
human right. The right to privacy
is articulated in all of the major
international and regional human
rights instruments, including:
United Nations Declaration of Human
Rights (UDHR) 1948, Article 12: “No
one shall be subjected to arbitrary
interference with his privacy, family,
home
or
correspondence,
nor
to attacks upon his honour and
reputation. Everyone has the right to
the protection of the law against such
interference or attacks.”
International Covenant on Civil and
Political Rights (ICCPR) 1966, Article
17: “1. No one shall be subjected to
arbitrary or unlawful interference
with his privacy, family, home or
correspondence, nor to unlawful
attacks on his honour or reputation.
2. Everyone has the right to the
protection of the law against such
interference or attacks.”
The right to privacy is also included in:
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Article 14 of the United Nations
Convention on Migrant Workers;
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Article 16 of the UN Convention
on the Rights of the Child;
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Article 10 of the African Charter
on the Rights and Welfare of the
Child;
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Article 4 of the African Union
Principles
on
Freedom
of
Expression (the right of access to
information);
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Article 11 of the American
Convention on Human Rights;
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Article 5 of the American
Declaration of the Rights and
Duties of Man;
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Articles 16 and 21 of the Arab
Charter on Human Rights;
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Article 21 of the ASEAN Human
Rights Declaration; and
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Article 8 of the European
Convention on Human Rights.
Over 130 countries have constitutional
statements regarding the protection
of privacy, in every region of the world.
An important element of the right
to privacy is the right to protection
of personal data. While the right to
data protection can be inferred from
the general right to privacy, some
international and regional instruments
also stipulate a more specific right to
protection of personal data, including:
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the
OECD’s
Guidelines
on
the Protection of Privacy and
Transborder Flows of Personal Data
,
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the Council of Europe Convention
108 for the Protection of
Individuals with Regard to the
Automatic Processing of Personal
Data,
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a number of European Union
Directives
and
its
pending
Regulation, and the European
Union Charter of Fundamental
Rights,
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the
Asia-Pacific
Economic
Cooperation
(APEC)
Privacy
Framework 2004, and
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the Economic Community of West
AfricanStateshasaSupplementary
Act on data protection from 2010.
Over 100 countries now have some
form of privacy and data protection
law.
However, it is all too common that
surveillance is implemented without
regard to these protections. That’s
one of the reasons why Privacy
International is around – to make sure
that the powerful institutions such as
governments and corporations don’t
abuse laws and loopholes to invade
your privacy.
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The above information is reprinted
with kind permission from Privacy
International. Please visit www.
privacyinternational.org
for
further information.
© Privacy International 2017
Support for ‘snooper’s charter’
Do you think that communications companies should be required
to retain everyone’s data – internet browsing history, emails, voice calls,
social media interactions and mobile messaging – for 12 months?
Police and intelligence agencies would have access to this information
for anti-terrorism purposes. (%)
53% Support
31% Oppose
16% Don’t know
YouGov, Jan 15–16, 2015
