Right to privacy

The right to privacy is an important idea in many legal traditions. It helps protect people from actions by governments or others that might threaten their privacy.

Over 185 national constitutions include this right, showing how important it is.

Since the global surveillance disclosures in 2013, many people have talked more about this right. Agencies like the NSA, FBI, CIA, R&AW, and GCHQ have been involved in watching many people around the world.

Today, there are big questions about how privacy can work when intelligence agencies have powerful tools. Some people wonder if giving up privacy is necessary to keep everyone safe from terrorism. Companies like Amazon, Apple, Meta, Google, Microsoft, and Yahoo also collect a lot of personal data, which can be a threat to privacy.

International

The right to privacy is a basic human right protected by international laws. On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. It says that no one should have their privacy, family, home, or letters looked at without reason.

Later, this right was written in important international agreements, like the International Covenant on Civil and Political Rights. It says that no one should have their privacy, family, home, or letters interfered with without reason.

History

The idea of a "right to privacy" began in the 12th century in Bologna, Italy. At that time, the word ius came to mean not just "what is fair" but also a right for people to control their own lives.

In the United States, an important article about privacy was written in 1890 by Samuel D. Warren II and Louis Brandeis, who later became a judge. They said privacy is the "right to be let alone." They wanted to protect people from new technologies and unfair news reporting.

As technology changed, ideas about privacy changed too. Judges began to see that laws should help protect people’s private lives. New inventions like telephones and computers made it easier to share information without people’s permission, so more rules were made to protect privacy.

As an individual right

Alan Westin says new technologies can change how we keep personal information private or share it. Privacy lets people decide when and how to share details about themselves. It creates a space away from politics where people can think, speak, and express ideas without being watched. People can join events or hide their identities online using fake names.

David Flaherty thinks online databases can threaten privacy. He talks about "data protection," which means controlling how personal information is collected, used, and shared. Marc Rotenberg says the modern right to privacy means fair information practices, where people have rights over their data, and those collecting data have responsibilities.

Richard Posner and Lawrence Lessig look at privacy from an economic view. Posner thinks privacy can hide information that affects market efficiency. Lessig believes privacy can be protected better through laws and technology, suggesting people should control their own information. Adam D. Moore argues that controlling personal information is important for well-being, even if ideas about privacy differ across cultures.

As a collective value and a human right

Privacy is important for a fair and open society. It helps people think freely and be themselves. It also lets everyone speak up and work together without too much government control.

Experts say privacy helps all people, not just one. This makes it easier to protect privacy in laws. Privacy keeps respect and freedom for everyone. It is a right that many countries agree on, like in the United Nations Declaration of Human Rights. Privacy works best when we share information the right way. If it is shared the wrong way, it can cause problems.

Privacy laws in different jurisdictions

Privacy laws help keep people's personal information safe from the government and companies. These rules are different in each country.

Australia

Australia does not have one main rule for privacy in its laws. But, the Privacy Act 1988 helps protect people's private information when the government or big companies use it. This law has 13 important rules about privacy.

Canada

Canada's privacy rules come from old court decisions, laws passed by the Parliament of Canada, and local governments. They also use the Canadian Charter of Rights and Freedoms. These rules are based on an old article called "The Right to Privacy" from 1890.

China

China’s highest law is its Constitution, which supports privacy rights. In 2021, China made new laws like the Civil Code and the Personal Information Protection Law to better protect people’s private data.

European Union

The European Union protects privacy through the European Convention on Human Rights. This convention says that everyone has the right to respect for their private life, home, and messages. The EU also has strong data protection laws under the General Data Protection Regulation (GDPR), which gives people control over their personal information.

Council of Europe

The Council of Europe made a treaty called Convention 108 to protect people’s personal data. This treaty was updated in 2012 to work with new technology.

India

In 2017, India’s Indian Supreme Court decided that privacy is a basic right for all citizens. This decision helps protect people’s private lives, especially online. India also has a new law called the Digital Personal Data Protection Act, 2023 to protect personal data.

Israel

Israel protects privacy through its Basic Law. In 2006, Israel made a special group to manage privacy rules and protect people’s private information online.

Russia

Russia’s Constitution guarantees the right to privacy. In 2006, Russia passed a law to protect people’s personal data. In 2014, new rules were added to keep people’s data safe within the country.

United States

The Constitution of the United States does not specifically mention a right to privacy, but courts have used it to protect important freedoms. These include the right to marry someone of your choice and the right to make personal medical decisions.

In 2018, California created the California Consumer Privacy Act (CCPA) to give people more control over their personal information. This law lets people know what information is collected about them, stop their data from being sold, access their data, and request it be deleted.

Mass surveillance

Further information: Global surveillance, Edward Snowden, and Global surveillance disclosures (2013–present)

In some countries, government groups watch many people to keep everyone safe. They collect information about who calls whom and what people search online. After big safety problems in 2001, some of these groups started watching their own country’s people too.

Some people worry this watching hurts privacy, but others think it helps keep people safe. In 2013, a leader said the government did not watch ordinary people, but later changed this statement.

In China, leaders watch certain areas very closely, especially during health problems like the COVID-19 pandemic. They track where people go and who they meet. Some people felt this was unfair.

Journalism

Sometimes, people in the news feel that sharing details about their private lives is wrong. But the media think the public has a right to know about important people. This idea is part of the right to freedom of speech.

If private information is shared, it depends on whether it is important for people to know. If the information is important, the law usually supports the freedom of the press. But even true facts might not be protected if they are not important to share. Courts often let the media share such information, especially about well-known people like actors, leaders, and athletes. But there are limits to avoid too much curiosity. Courts decide these cases one by one, so the rules can change.

Main article: Newsworthiness

Technology

Technology companies like Amazon, Apple, Facebook, Google, and Yahoo collect personal information. This can threaten people's privacy, especially when using artificial intelligence.

Some places, like California, have laws to help protect young people online. However, the United States has not done as much as some other countries, like those in the European Union, to protect privacy online. In healthcare, connecting patient data to the internet can put people at risk, raising questions about how much information should be stored and who can see it.

Protection of minors

United Kingdom

In the UK, laws and courts help keep children safe in news stories. For example, in 2017, a video showing a 12-year-old girl being bullied was taken down. This happened because the website shared the video without hiding her identity. UK courts decide how to protect children based on each situation.

United States

In the United States, a law called the Children's Online Privacy Protection Act, or COPPA, helps protect children under 13. This law makes sure websites ask for a parent’s permission before collecting any information from young users. This is why many sites ask if you are under 13 or require you to be at least 13 to join. However, this law does not protect teens older than 13, and it sometimes overlaps with other privacy laws like the Health Insurance Portability and Accountability Act.