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WHEN DOES PUBLIC INTEREST JUSTIFY GOVERNMENT INTERFERENCE AND SURVEILLANCE?

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image of Asia-Pacific Journal on Human Rights and the Law

This article examines the 16 December 2013 opinion of the US District Court for the District of Columbia in Klayman v Obama which intimated that the objective of the PRISM project, that is, the collection of metadata, violates the right to privacy. It assesses whether this opinion finds support in US federal laws, international law and the municipal laws of Hong Kong by surveying recent developments in balancing the conflict between public interest and the right to privacy. Societal attitude towards privacy is likewise accorded weight. The article concludes with the observation that while a handful of municipal legislation contains public interest exceptions to the right to privacy, there is an increasing clamour in international law to protect such right.

10.1163/15718158-15010209
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/content/journals/10.1163/15718158-15010209
2014-04-06
2017-11-21

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