Is privacy a basic human right? We used to think so

GENEVA (12 July 2013) – The situation of Edward Snowden and alleged large-scale violations of the right of privacy by surveillance programmes raise a number of important international human rights issues which need to be addressed, the UN High Commissioner for Human Rights, Navi Pillay, said on Friday.

“While concerns about national security and criminal activity may justify the exceptional and narrowly-tailored use of surveillance programmes, surveillance without adequate safeguards to protect the right to privacy actually risk impacting negatively on the enjoyment of human rights and fundamental freedoms,” Pillay said.

“Both Article 12 of the Universal Declaration of Human rights and Article 17 of the International Covenant on Civil and Political rights state that no one shall be subjected to arbitrary interference with one’s privacy, family, home or correspondence, and that everyone has the right to the protection of the law against such interference or attacks,” said the High Commissioner.

“People need to be confident that their private communications are not being unduly scrutinised by the State,” the High Commissioner noted.

“The right to privacy, the right to access to information and freedom of expression are closely linked .The public has the democratic right to take part in the public affairs and this right cannot be effectively exercised by solely relying on authorized information,” Pillay said.

“Snowden’s case has shown the need to protect persons disclosing information on matters that have implications for human rights, as well as the importance of ensuring respect for the right to privacy,” Pillay said.

“National legal systems must ensure that there are adequate avenues for individuals disclosing violations of human rights to express their concern without fear of reprisals,” she added.

As stated by the former UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, “reliable factual information about serious human rights violations by an intelligence agency is most likely to come from within the agency itself. In these cases, the public interest in disclosure outweighs the public interest in non-disclosure. Such whistleblowers should firstly be protected from legal reprisals and disciplinary action when disclosing unauthorised information.”

The UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms* contains important provisions for the protection of the right to defend human rights. Those who reveal information that they reasonably believe to indicate the commission of human rights violations are entitled to such protection.

“Without prejudging the validity of any asylum claim by Snowden, I appeal to all States to respect the internationally guaranteed right to seek asylum, in accordance with Article 14 of the Universal Declaration and Article 1 of the UN Convention relating to the status of Refugees, and to make any such determination in accordance with their international legal obligations,” Pillay said.

Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms

Signed in 1948:

While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter, which is binding on all member states. For this reason the Universal Declaration is a fundamental constitutive document of the United Nations. Many international lawyers, in addition, believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles.

The 1968 United Nations International Conference on Human Rights advised that it "constitutes an obligation for the members of the international community" to all persons. The declaration has served as the foundation for two binding UN human rights covenants, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights and the principles of the Declaration are elaborated in international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture and many more.

The Declaration continues to be widely cited by governments, academics, advocates and constitutional courts and individual human beings who appeal to its principles for the protection of their recognised human rights.