ABSTRACT

This chapter discusses the development of the right to privacy, before discussing the challenges posed by the use of new technologies. Although privacy is widely recognised as a right, its precise content is open to debate. While many state constitutions recognise some aspects of privacy, such as protection against search and seizure, the recognition of a broad notion of privacy was new with the Universal Declaration of Human Rights. The right to privacy is amorphous, but at a basic level constitutes acceptance of a private sphere into which interference is not permitted without good reason. The right to privacy as contained in Article 12 covers similar ground to the guarantees contained notably in Article 17 International Covenant on Civil and Political Rights, but also the regional human rights instruments. Article 12 stipulates a number of elements: privacy, family, home or correspondence, honour and reputation.