What Is Privacy

What is privacy?
Privacy is a fundamental right, essential to autonomy and the protection of human

dignity, serving as the foundation upon which many other human rights are built.
Privacy enables us to create barriers and manage boundaries to protect ourselves from
unwarranted interference in our lives, which allows us to negotiate who we are and how
we want to interact with the world around us. Privacy helps us establish boundaries to
limit who has access to our bodies, places and things, as well as our communications
and our information.
The rules that protect privacy give us the ability to assert our rights in the face of
significant power imbalances.
As a result, privacy is an essential way we seek to protect ourselves and society against
arbitrary and unjustified use of power, by reducing what can be known about us and
done to us, while protecting us from others who may wish to exert control.
Privacy is essential to who we are as human beings, and we make decisions about it
every single day. It gives us a space to be ourselves without judgement, allows us to
think freely without discrimination, and is an important element of giving us control over
who knows what about us.
Why does it matter?
In modern society, the deliberation around privacy is a debate about modern freedoms.
As we consider how we establish and protect the boundaries around the individual, and
the ability of the individual to have a say in what happens to him or her, we are equally
trying to decide:
the ethics of modern life;
the rules governing the conduct of commerce; and,
the restraints we place upon the power of the state.

Technology has always been intertwined with this right. For instance, our capabilities to
protect privacy are greater today than ever before, yet the capabilities that now exist for
surveillance are without precedent.
We can now uniquely identify individuals amidst mass data sets and streams, and
equally make decisions about people based on broad swathes of data. It is now
possible for companies and governments to monitor every conversation we conduct,
each commercial transaction we undertake, and every location we visit. These
capabilities may lead to negative effects on individuals, groups and even society as it
chills action, excludes, and discriminates. They also affect how we think about the
relationships between the individual, markets, society, and the state. If the situation
arises where institutions we rely upon can come to know us to such a degree so as to
be able to peer into our histories, observe all our actions, and predict our future actions,
even greater power imbalances will emerge where individual autonomy in the face of
companies, groups, and governments will effectively disappear and any deemed
aberrant behaviour identified, excluded, and even quashed.
Perhaps the most significant challenge to privacy is that the right can be compromised
without the individual being aware. With other rights, you are aware of the interference
-- being detained, censored, or restrained. With other rights, you are also aware of the
transgressor -- the detaining official, the censor, or the police.
Increasingly, we arent being informed about the monitoring we are placed under, and
arent 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:
Article 14 of the United Nations Convention on Migrant Workers;
Article 16 of the UN Convention on the Rights of the Child;
Article 10 of the African Charter on the Rights and Welfare of the Child;
Article 4 of the African Union Principles on Freedom of Expression (the right of

access to information);
Article 11 of the American Convention on Human Rights;
Article 5 of the American Declaration of the Rights and Duties of Man,
Articles 16 and 21 of the Arab Charter on Human Rights;
Article 21 of the ASEAN Human Rights Declaration; and
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:
the OECD's Guidelines on the Protection of Privacy and Transborder Flows of

Personal Data,
the Council of Europe Convention 108 for the Protection of Individuals with
Regard to the Automatic Processing of Personal Data,
a number of European Union Directives and its pending Regulation, and the
European Union Charter of Fundamental Rights,
the Asia-Pacific Economic Cooperation (APEC) Privacy Framework 2004, and
the Economic Community of West African States has a Supplementary 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.
Source: https://www.privacyinternational.org/node/54

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What Is Privacy

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What is privacy?

Privacy is a fundamental right, essential to autonomy and the protection of human

Why does it matter?

the ethics of modern life;

the rules governing the conduct of commerce; and,

the restraints we place upon the power of the state.

Privacy International envisions a world in which privacy is protected, respected and

The right to privacy is also included in:

Article 14 of the United Nations Convention on Migrant Workers;

Article 16 of the UN Convention on the Rights of the Child;

Article 4 of the African Union Principles on Freedom of Expression (the right of

Article 11 of the American Convention on Human Rights;

Article 5 of the American Declaration of the Rights and Duties of Man,

Articles 16 and 21 of the Arab Charter on Human Rights;

Article 21 of the ASEAN Human Rights Declaration; and

Article 8 of the European Convention on Human Rights.

the OECD's Guidelines on the Protection of Privacy and Transborder Flows of

the Asia-Pacific Economic Cooperation (APEC) Privacy Framework 2004, and

the Economic Community of West African States has a Supplementary Act on

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