discretion should not be unfettered, it must be able to achieve the stated aim, and must be proportionate.801 9. Tensions may exist between the right to privacy and other rights, including the right to freedom of expression. For example, private information may be disseminated in the media and in this context human rights bodies have held that a balance needs to be struck between the individual and the overall public interest in reporting the issue.802 Similarly, where telephone calls of a lawyer were intercepted and then used to convict him of a crime, there was no violation of the right to privacy.803 A. Privacy and intrusive publications 10. Political figures, famous people, royalty and celebrities have sought to rely on private life rights to protect their private life from media intrusion.804 It is also relevant in relation to media intrusion into the lives of ordinary people, for example where a publication implies that someone is guilty of a crime when they are not,805 or identifies a person as suffering from an illness which may result in them being stigmatised socially and professionally.806 The publication of private information about a former president of Argentina where this information was already well known, the former president had not treated it as confidential, and considered to be in the public interest, was not held to be a violation of his right to privacy by the Inter-American Court.807 B. Personal data and data protection 11. ‘The gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law’.808 12. The ability to exchange relevant information quickly and efficiently between the police, the security services and other public bodies can be essential in developing an intelligence led approach to counter terrorism. As a result of the international nature of terrorism, this can also require the sharing of information across borders. 13. The exchange of private information, for whatever reason, about an individual between public bodies, whether internally or internationally, will engage private 801 A/HRC/23/40, para 29. See also Human Rights Committee, General Comment No.27, CCPR/C/21/Rev.1/Add.9 (1999).. 802 A/HRC/23/40, para 27. 803 Human Rights Committee, Communication 903/1999, Hulst v Netherlands, 1 November 2004 804 European Court, Spencer v UK, 7 April 2008. 805 European Court, A v Norway, 9 July 2009. 806 European Court, C.C. v Spain, 6 October 2009. 807 Fontevecchia & D’Amico v. Argentina, 29 November 2011, Series C, No. 238. 808 Human Rights Committee, General Comment No.16, HRI/GEN/1/Rev.6 at 142 (2003), para 10. See also United Nations, General Assembly Resolution 45/95, Guidelines for the regulation of computerised personal data files Adopted on 14 December 1990, A/RES/45/95. 131

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