Privacy and Human Rights

             This post is a summary of the report published with the title above at   http://gilc.org/privacy/survey/intro.html

             Privacy is a fundamental human right recognized in the U.N. Declaration of Human Rights and in many other international and regional treaties. Privacy underpins human dignity and other key values such as freedom of association and freedom of speech. It has become one of the most important issues of the modern age. Nearly every country in the world recognize a right of privacy in their constitution. In many of the countries where privacy is not explicity in their constitution, such as the U.S., Ireland and India, the courts have found that right in other provisions. In the early 1970s, countries began adopting broad laws intended to protect individual privacy. Most of these laws are based on the models introduced by the O.E.C.D. and the Council of Europe. In 1995, conscious both of the shortcomings of law, and the many differences in the level of protection in each of its states, the E.U. passed a Europe-wide directive which will provide citizens with a wider range of protections over abuses. There are three major reasons for the movement towards comprehensive privacy and data protection laws. Many countries are adopting these laws for one or more reasons. - To remedy past injustices. - To promote electronic commerce. - To ensure laws are consistent with Pan-European laws. Even with the adoption of legal and other protections, violations of privacy remain a concern. In many countries, laws have not kept up with the technology, leaving gaps in protections. And in the absence of adequate oversight, the mere presence of a law may not provide adequate protection. The increasing sophistication of information technology with its capacity to collect, analyze and disseminate information on individuals has introduced a sense of urgency to the demand of legislation. Computers linked by high speed networks with rpocessing systems can create dossiers on any person. According to opinion polls, concern over privacy violations is now greater than at any time in recent history. Human rights groups are concerned that much of the tech exported to developing countries which lack adequate protections. Currently, there are few barriers to the trade in surveillance tech. Beyond obvious aspects of capacity and cost, there are a number of important trends that contribute to privacy invasion. 1- Globalisation removes geographical limitations to the flow of data. 2- Convergence is leading to the elimination of tech barriers between systems. Modern information systems are increasingly interoperable with other systems, and can mutually exchange and process different forms of data. 3 - Multi-media fuses many forms of transmission of data and images. Governments of developing nations rely on developed countries to supply them with tech of surveillance such as digital wiretapping equipment, deciphering equipment, scanners, bugs, tracking equipment and computer intercept systems. The transfer of surveillance tech is now a lucrative sideline for the arms industry. According to the report, "Assessing the Technologies of Political Control," commissioned by the European Parliament's Civil Liberties Committee, much of this tech is used to track the activities of dissidents, human rights activists, journalists, student leaders, trade union leaders, and political opponents. The report concludes that such technologies can exert a powerful 'chill effect' on those who "might wish to take a dissenting view. The internet will revolutionize access to basic information on government services. However, these initiatives will require forward looking legislative framework. Whether governments can deliver this framework will depend on their willingness to listen to the pulse of the emerging global digital economy and to recognize the need for strong protection of privacy. Of all the human rights, privacy is perhaps the most difficulr to define and circumscribe. Privacy has roots deep in history. The Bible has numerous references to privacy. There was also protection of privacy in early Hebrew culture, Classical Greece and ancient China. Definitions of privacy vary widely according to context and environment. In many countries, the concept has been fused with data protection, which interprets privacy in terms of management of personal information. Outside this rather strict context, privacy protection is frequently seen as a way of drawing the line at how far society can intrude into a personal's affairs. It can be divided into the following facets: 1) Information Privacy - which involves the establishment  of rules governing the collection and handling of personal data such as credit information and medical records.  2) Bodily Privacy - which concerns the protection of people's physical selves against invasive procedures.  3) Privacy of Communication - which covers the security and privacy of mail, telephones, email and other forms of communication.  4) Territorial Privacy - which concerns the setting of limits on intrusion into the domestic and other environment such as the workplace or public space. The lack of a single definition should not imply that the issue lacks importance. As one writer observed, "in one sense, all human rights are aspects of the right to privacy." Alan Westin, author of the seminal 1967 work "Privacy and Freedom,"  defined privacy as the desire of people to choose freely under what circumstances and to what extent they will expose themselves, their attitude and their behavior to others. According to Edward Bloustein, privacy is an interest of the human personality. It protects the inviolate personality, the individual's independence, dignity and integrity. The Calcutt Committee in the U.K. adopted this definition in its first report on privacy. "The right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information."