Thirty-second session (1988)
General comment No. 16: Article 17 (Right to privacy)
1.
Article 17 provides for the right of every person to be protected against arbitrary or unlawful
interference with his privacy, family, home or correspondence as well as against unlawful attacks on
his honour and reputation. In the view of the Committee this right is required to be guaranteed
against all such interferences and attacks whether they emanate from State authorities or from
natural or legal persons. The obligations imposed by this article require the State to adopt legislative
and other measures to give effect to the prohibition against such interferences and attacks as well as
to the protection of this right.
2.
In this connection, the Committee wishes to point out that in the reports of States parties to
the Covenant the necessary attention is not being given to information concerning the manner in
which respect for this right is guaranteed by legislative, administrative or judicial authorities, and in
general by the competent organs established in the State. In particular, insufficient attention is paid
to the fact that article 17 of the Covenant deals with protection against both unlawful and arbitrary
interference. That means that it is precisely in State legislation above all that provision must be
made for the protection of the right set forth in that article. At present the reports either say
nothing about such legislation or provide insufficient information on the subject.
3.
The term “unlawful” means that no interference can take place except in cases envisaged by
the law. Interference authorized by States can only take place on the basis of law, which itself must
comply with the provisions, aims and objectives of the Covenant.
4.
The expression “arbitrary interference” is also relevant to the protection of the right
provided for in article 17. In the Committee’s view the expression “arbitrary interference” can also
extend to interference provided for under the law. The introduction of the concept of arbitrariness is
intended to guarantee that even interference provided for by law should be in accordance with the
provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the
particular circumstances.
5.
Regarding the term “family”, the objectives of the Covenant require that for purposes of
article 17 this term be given a broad interpretation to include all those comprising the family as
understood in the society of the State party concerned. The term “home” in English, “manzel” in
Arabic, “zhùzhái” in Chinese, “domicile” in French, “zhilische” in Russian and “domicilio” in Spanish,
as used in article 17 of the Covenant, is to be understood to indicate the place where a person
resides or carries out his usual occupation. In this connection, the Committee invites States to
indicate in their reports the meaning given in their society to the terms “family” and “home”.
6.
The Committee considers that the reports should include information on the authorities and
organs set up within the legal system of the State which are competent to authorize interference
allowed by the law. It is also indispensable to have information on the authorities which are entitled
to exercise control over such interference with strict regard for the law, and to know in what manner
and through which organs persons concerned may complain of a violation of the right provided for
in article 17 of the Covenant. States should in their reports make clear the extent to which actual
practice conforms to the law. State party reports should also contain information on complaints
1