lodged in respect of arbitrary or unlawful interference, and the number of any findings in that regard,
as well as the remedies provided in such cases.
7.
As all persons live in society, the protection of privacy is necessarily relative. However, the
competent public authorities should only be able to call for such information relating to an
individual’s private life the knowledge of which is essential in the interests of society as understood
under the Covenant. Accordingly, the Committee recommends that States should indicate in their
reports the laws and regulations that govern authorized interferences with private life.
8.
Even with regard to interferences that conform to the Covenant, relevant legislation must
specify in detail the precise circumstances in which such interferences may be permitted. A decision
to make use of such authorized interference must be made only by the authority designated under
the law, and on a case-by-case basis. Compliance with article 17 requires that the integrity and
confidentiality of correspondence should be guaranteed de jure and de facto. Correspondence
should be delivered to the addressee without interception and without being opened or otherwise
read. Surveillance, whether electronic or otherwise, interceptions of telephonic, telegraphic and
other forms of communication, wire-tapping and recording of conversations should be prohibited.
Searches of a person’s home should be restricted to a search for necessary evidence and should not
be allowed to amount to harassment. So far as personal and body search is concerned, effective
measures should ensure that such searches are carried out in a manner consistent with the dignity
of the person who is being searched. Persons being subjected to body search by State officials, or
medical personnel acting at the request of the State, should only be examined by persons of the
same sex.
9.
States parties are under a duty themselves not to engage in interferences inconsistent with
article 17 of the Covenant and to provide the legislative framework prohibiting such acts by natural
or legal persons.
10.
The gathering and holding of personal information on computers, data banks and other
devices, whether by public authorities or private individuals or bodies, must be regulated by law.
Effective measures have to be taken by States to ensure that information concerning a person’s
private life does not reach the hands of persons who are not authorized by law to receive, process
and use it, and is never used for purposes incompatible with the Covenant. In order to have the most
effective protection of his private life, every individual should have the right to ascertain in an
intelligible form, whether, and if so, what personal data is stored in automatic data files, and for
what purposes. Every individual should also be able to ascertain which public authorities or private
individuals or bodies control or may control their files. If such files contain incorrect personal data or
have been collected or processed contrary to the provisions of the law, every individual should have
the right to request rectification or elimination.
11.
Article 17 affords protection to personal honour and reputation and States are under an
obligation to provide adequate legislation to that end. Provision must also be made for everyone
effectively to be able to protect himself against any unlawful attacks that do occur and to have an
effective remedy against those responsible. States parties should indicate in their reports to what
extent the honour or reputation of individuals is protected by law and how this protection is
achieved according to their legal system.
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