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First report: Important developments and substantive issues, March-July 2016 2016, para. 28
- Paragraph text
- Despite the rulings of numerous national constitutional and regional human rights courts, the Special Rapporteur observes that there is an increased tendency for governments to promote more invasive laws for surveillance, which allow for the thinly disguised permanent mass surveillance of citizens.
- Body
- Special Rapporteur on the right to privacy
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
First report: Important developments and substantive issues, March-July 2016 2016, para. 40
- Paragraph text
- The National Institute for Transparency, Access to Information and Protection of Personal Data (INAI) of Mexico issued a very interesting judgment (Expediente PPD.0050/16) on 13 July 2016, where we read that: "It is pertinent to note that although the right to the protection of personal data, in accordance with its constitutional regulation, is an autonomous right to the protection of private life, there should be a broader interpretation of both concepts, while the latter means a sphere where anyone can freely develop their personality." Therefore, in general, the protection of private life includes other rights and specific guarantees for the storage of information, access to personal data, as well as the regulation on protection of private communications, names, physical and moral integrity.
- Body
- Special Rapporteur on the right to privacy
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
First report: Important developments and substantive issues, March-July 2016 2016, para. 36
- Paragraph text
- The first observation to be made here revolves around the issue of nationality, with the draft law continuing to make distinctions between German and non German citizens. The way this reflects reality is not clear at all. Most of the terrorist attacks carried out in Europe during the past two years and more were carried out by European Union citizens, most often by citizens of the State where the attack was carried out. If the major risk lies there, (i.e., with the citizens of one's own State) what is the true value of laws that discriminate between nationals and non nationals? Especially since, in terms of article 17 of the International Covenant on Civil and Political Rights, everybody enjoys a right to privacy irrespective of nationality or citizenship, so one must ask how useful and appropriate, never mind legal, such types of provisions may be. This anomaly was also noted by Mr. Muižnieks, who reported that: "According to the authorities, the protection afforded by Article 10 of the Basic Law does not extend to activities outside Germany and is limited to German citizens or activities taking place in Germany." This interpretation is as unacceptable as any claim in the laws of other countries that fundamental human rights protection is only restricted to its own citizens or residents. Indeed, Mr. Muižnieks reported also that: This interpretation is however disputed since the Federal Constitutional Court ruled in 1999 that the protection afforded by the Basic Law is not limited to Germany's territory and fundamental rights have to be respected, at least when information that was obtained abroad is processed in Germany. The new draft German law loses out on a precious opportunity to clarify that the right to privacy and related safeguards applies to individuals irrespective of nationality, citizenship or location, or indeed whether the surveillance is carried out inside or outside Germany.
- Body
- Special Rapporteur on the right to privacy
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
3 shown of 3 entities