User talk:L0c40796/Right to Privacy sandbox

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Privacy may be lessened by surveillance – in this case through CCTV.

The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals.[1][2] Over 150 national constitutions mention the right to privacy.[3]

10 December 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) originally written to guarantee individual rights of everyone everywhere. The words Right to Privacy is not written in the document however, many interpret this by reading Article 12,[4] which states:

  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Since the global surveillance disclosures of 2013, initiated by ex-NSA employee Edward Snowden, the right to privacy has been a subject of international debate. Government agencies, such as the NSA, CIA, R&AW and GCHQ, have engaged in mass, global surveillance.

Some current debates around the right to privacy include whether privacy can co-exist with the current capabilities of intelligence agencies to access and analyze many details of an individual's life; whether or not the right to privacy is forfeited as part of the social contract to bolster defense against supposed terrorist threats; and whether threats of terrorism are a valid excuse to spy on the general population.

Private sector actors can also threaten the right to privacy—particularly technology companies, such as Amazon, Apple, Facebook, Google, and Yahoo that use and collect personal data. These concerns have been strengthened by scandals, including the Facebook–Cambridge Analytica data scandal, which focused on psychographic company Cambridge Analytica which used personal data from Facebook to influence large groups of people.[5]

Compared to the United States, the EU has more extensive data protection laws.[1] No greater example of Privacy standards are present than the standard set in the EU

The European Union (EU) makes data protection a foremost priority, 28 January 1981 an international organization with members from all EU countries named Council of Europe. The Council of Europe gathered to discus the protection of individuals, during the Convention Treaty No.108 was created and opened for signature by members States and for accession by non-member States. The Convention closed and the was renamed Convention 108: Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

Convention 108 has undergone 5 ratifications with the last ratification 10 January 1985 officially changing the name to Convention 108+ and providing the summary stating the intent of the treaty as: “The first binding international instrument which protects the individual against abuses which may accompany the collection and processing of personal data, and which seeks to regulate at the same time the transfrontier flow of personal data. “


Increase use of the Internat and technological advancement in products lead to the Council of Europe to look at Convention 108+ and the relevance of the Treaty in the wake of the changes. In 2011 the modernization of Convention 108+ started and completed in 2012 amending the treaty with (Protocol CETS No223). This modernization of Convention 108+ was in progress while the EU data protection rules were developed, the EU data protection rules would be adapted to become the General Data Protection Regulation GDPR.

Under GDPR, data about citizens may only be gathered or processed under specific cases, and with certain conditions. Requirements of data controller parties under the GDPR include keeping records of their processing activities, adopting data protection policies, transparency with data subjects, appointing a Data Protection Officer, and implementing technical safeguards to mitigate security risks.[1] L0c40796 (talk)

References[edit]

  1. ^ "The Privacy Torts" (December 19, 2000). Privacilla.org.[failed verification]
  2. ^ "Right to Privacy". faculty.uml.edu. Retrieved 31 March 2018.
  3. ^ "Read about "Right to privacy" on Constitute". constituteproject.org. Retrieved 31 March 2018.
  4. ^ Nations, United. "Universal Declaration of Human Rights". United Nations. Retrieved 2021-05-30.
  5. ^ Kozlowska, Hanna. "The Cambridge Analytica scandal affected nearly 40 million more people than we thought". Quartz. Retrieved 2019-04-19.