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First report: Important developments and substantive issues, March-July 2016 2016, para. 21
- Paragraph text
- The Special Rapporteur will here outline some preliminary observations in an attempt to move the debate about smartphones beyond privacy, with the intent of eventually moving the debate back to core privacy concerns better informed by the confirmation or abnegation of societal values regarding "the bigger picture". It is the Special Rapporteur's position that other appropriate standards of behaviour need to be examined within society before a more definitive view can be taken about some of the privacy dimensions of smartphone use.
- Body
- Special Rapporteur on the right to privacy
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
First report: Important developments and substantive issues, March-July 2016 2016, para. 26
- Paragraph text
- At the present moment in time the Special Rapporteur on the right to privacy is identifying this issue of the smartphone and similar devices (including wearables and implants) as one for future discussion, possibly by or in collaboration with other Special Rapporteurs. No particular opinion or recommendation is being made by the Special Rapporteur at this preliminary juncture. At this stage, it is simply a question of identifying a subject for further investigation as a matter which impinges strongly on privacy, but is not only of interest exclusively to the right to privacy but also to other fundamental rights such as those of due process in criminal proceedings. Some might argue that the logical conclusion of Riley v. California, when applied to the right to silence as distinct from the right to privacy, would mean that in most cases the smartphone of the accused in criminal proceedings should not be a compellable witness - a position which would then also have a significant impact on the right to privacy, certainly insofar as it would be a recognition of how intimate and private the data held on the smartphone might be.
- Body
- Special Rapporteur on the right to privacy
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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