International law on privacy is a comprehensive framework established by various international agreements and conventions to protect the fundamental human right to privacy. It is enshrined in documents such as the UDHR, the ICCPR, and regional agreements. These standards emphasise the importance of safeguarding individuals’ privacy rights in the face of technological advancements and surveillance practices by both states and private entities. The right to privacy is further reinforced by principles surrounding surveillance, necessity, and proportionality, ensuring that any interference with privacy is consistent with legal requirements and respects human rights obligations. International human rights law provides a universal and clear framework for promoting and protecting the right to privacy, which is essential in upholding democracy, defending dignity, and demanding accountability from powerful institutions that breach public trust.
RIGHT TO DATA PROTECTION AND PRIVACY
Also, it is to be noted that the world has evolved in such a manner that mankind is dependent upon technology to gather and store one’s information. Even though the present technology is capable of securing one’s information, it is to be remembered that it is created by a human, which means that even such security and privacy of data and information also has a way of getting breached. Such acts not only affect one’s privacy but also lead to heavy loss or damage to that particular person whose data has been breached. An increase in activities like hacking and breaching into secured data of persons and organisations led to heavy loss in money and other information necessary for national security, for which various countries worldwide have decided to impose data privacy laws which help in reducing such crimes and increase the security of one’s data. With the rise of online social and economic interactions, there’s a growing recognition of the significance of safeguarding privacy and data protection. The gathering, utilising, and disseminating of individuals’ data to third parties without their consent or prior notice is equally problematic. A total of 137 out of 194 countries have implemented laws to ensure data security and privacy.
THE RIGHT TO PRIVACY IN INTERNATIONAL AND REGIONAL TREATIES
i. UNIVERSAL DECLARATION OF HUMAN RIGHTS, ARTICLE 12 (10 December 1948)
“No one is allowed to violate someone’s privacy or attack their honour or reputation. Everyone has the right to legal protection against such violations or attacks.”
ii. ARTICLE V OF THE AMERICAN DECLARATION ON THE RIGHTS AND DUTIES OF MAN:
Right to protection of honour, personal reputation, and private and family life (2 May 1948)
“Every individual has the right to legal protection against harmful assaults on their dignity, reputation, and their private and family life.”
iii. THE EUROPEAN CONVENTION SAFEGUARDING HR AND FUNDAMENTAL FREEDOMS, Article 8: Right to Respect for Private and Family Life (4 November 1950)
“1. Everyone is entitled to respect for their private and family life, home, and correspondence.
- Public authorities must not infringe upon this right unless such interference is lawful and deemed necessary in a democratic society to uphold national security, public safety, economic well-being, prevent disorder or crime, protect health or morals, or defend the rights and freedoms of others.”
iv. ICCPR, ARTICLE 17 (16 December 1966)
“1. No individual should be exposed to arbitrary or unlawful interference with their privacy, family life, home, or correspondence, nor unjust attacks on their honour and credibility.
- Everyone is entitled to legal protection against such interference or attacks.”
v. CONVENTION OF AMERICA ON HUMAN RIGHTS, Article 11: Right to Privacy (22 November 1969)
“1. Everyone has the right to have their honour respected and their dignity acknowledged.
- No individual should be subjected to random or abusive intrusion into their private life, family, home, or correspondence, nor to unlawful assaults on their honour or credibility.
- Every individual is entitled to legal protection against such interference or attacks.”
vi. THE ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT GUIDELINES FOR ENSURING PRIVACY AND THE INTERNATIONAL TRANSFER OF PERSONAL DATA, Part 1: General (23 September 1980)
These Guidelines apply to personal data handled by public or private entities that, due to their processing methods, nature, or usage context, present a risk to privacy and individual liberties.
These Guidelines are to be considered as the minimum standards, which can be enhanced by additional measures to safeguard privacy and individual freedoms, potentially influencing the international transfer of personal data.
vii. COUNCIL OF EUROPE CONVENTION FOR SAFEGUARDING INDIVIDUALS IN AUTOMATED PROCESSING OF PERSONAL DATA, Article 1: Object and Purpose (28 January 1981)
“The purpose of this convention is to guarantee, within each Party’s territory, the protection of rights and fundamental freedoms for every individual, regardless of nationality or residency. This includes ensuring their right to privacy concerning the automated processing of personal data related to them (referred to as “data protection”)”.
viii. CONVENTION ON RIGHTS OF THE CHILD, ARTICLE 16 (20 November 1989)
- Children shall not be subjected to arbitrary or unlawful intrusion into their privacy, family, or correspondence, nor shall they be subject to unlawful attacks on their honour and credibility.
- Legal protection against such interference or attacks is the child’s right.
AUTHOR:
Eshwar S, 5th year B.A, LL. B(Hons.), Veltech School of Law, Chennai.