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4 International Human Rights Information Privacy

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Chapter Summary

The objective of this chapter is to examine how human rights laws protect information privacy. This is achieved by examining ECHR especially Article 8 case law. In particular, it examines the criteria for finding an action of public authority interference with private life. The chapter also examines the four criteria used by the ECHR organs to examine acts of the states vis-à-vis individual privacy. It explores the extent to which transparency and proportionality concerns are part of the case law decisions especially as regards protection of personal data. Going by the recent case decisions of the ECtHR, it is no longer doubtful that data protection is a human right although the Convention does not state this. As the analysis of the case law and practice of the ECtHR demonstrates, it is safe to conclude that human rights law is concerned with issues of transparency and proportionality.

Keywords: ECHR; information privacy; international human rights; issues of transparency; protection of personal data



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