life rights and will almost certainly interfere with them. The right of access to
information809 will provide some protection in this regard.
14. The Council of Europe Convention on Data Protection provides some useful
principles for the fair and lawful collection and use of data.810 These include:
Data can only be collected for a specific purpose and should not be used
for any other reason;
Data must be accurate, adequate for this purpose and stored only for as
long as is necessary;
There must be a right of access to and rectification of data for the person
concerned (data subject);
Special protection must be made for data of a sensitive nature, for example
on religion, political beliefs, sexual orientation, genetics or medical
information.
C. Correspondence
15. States are required to ensure the integrity and confidentiality of
correspondence.811 ‘Correspondence’ covers all forms of communication, both
on and offline.812
16. As a result, capturing communications data, namely that which collects data
about a communication, not the content of the communication itself, can also
be seen as an interference with the right to privacy.813
17. Communications should remain ‘private, secure and, if they choose,
anonymous’.814 Therefore, ‘correspondence should be delivered to the
addressee without interception and without being opened or otherwise read.
Surveillance, whether electronic or otherwise, interceptions of telephonic,
telegraphic and other forms of communication, wire-tapping and recording of
conversations should be prohibited’.815
18. It has been held that email correspondence is covered by this right. 816
809
See section X.A. below.
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
811
Human Rights Committee, General Comment No.16, HRI/GEN/1/Rev.6 at 142 (2003) para 8.
812
HRC/A/23/40, para 24.
813
Report of the High Commissioner for Human Rights. The Right to Privacy in the digital age,
A/HRC/27/37, 30 June 2014, para 20.
814
HRC/A/23/40, para 23.
815
Human Rights Committee, General Comment No.16, HRI/GEN/1/Rev.6 at 142 (2003) para 8.
816
European Court, Liberty
and Others
v
United Kingdom, 1 Oct 2008, para 56.
810
132
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