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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents