X. Evidence collection, surveillance, investigation
techniques and the right to respect for private
life
Relevant international law provisions
Article 12 UDHR
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.
Article 17 ICCPR
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 21 Arab Charter
1. No one shall be subjected to arbitrary or unlawful interference with regard to his privacy,
family, home or correspondence, nor to unlawful attacks on his honour or his reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Relevant domestic law provisions:
Article 32, Palestinian Basic Law
Any violation of any personal freedom, of the sanctity of the private life of human
beings, or of any of the rights or liberties that have been guaranteed by law or by this
Basic Law shall be considered a crime. Criminal and civil cases resulting from such
violations may not be subject to any statute of limitations. The National Authority shall
guarantee a fair remedy to those who suffer from such damage.
1. Privacy has been defined as ‘the presumption that individuals should have an
area of autonomous development, interaction and liberty, a “private sphere”
with or without interaction with others, free from State intervention and from
excessive unsolicited intervention by other uninvited individuals’.792 The right
to respect for private life is guaranteed by a number of human rights treaties.793
It is recognised, however, that as individuals live in a society then the protection
of the right to privacy is ‘necessarily relative’.794
792
Lord Lester and D. Pannick (eds.). Human Rights Law and Practice. London, Butterworth, 2004,
para. 4.82; see Report of the Special Rapporteur on the Promotion and Protection of the Right to
Freedom of Opinion and Expression, A/HRC/23/40, 17 April 2013, para 22.
793
See also Article 15 UNCRC, Article 14 ICM, Article 11 ACHR, Article 8 ECHR. There is no equivalent
provision in the ACHPR. A/HRC/27/37, 30 June 2014.
794
Human Rights Committee, General Comment No.16 HRI/GEN/1/Rev.6 at 142 (2003), para 7.
129
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