How the Right to Privacy Became a Human Right

Abstract

The right to privacy became an international human right before it was a nationally well-established fundamental right. When it was created in the years after World War II, state constitutions protected only aspects of privacy such as the inviolability of the home and of correspondence. This article analyses how the integral guarantee-the right to privacy or to respect of one's private life-came into existence. It traces the drafting history on the global and the European level and argues that there was no conscious decision to create an integral guarantee. The right's potential was dramatically underestimated at the time of its creation. K E Y W OR D S : humans rights, right to privacy, Universal Declaration on Human Rights, International Covenant on Civil and Political Rights, European Convention on Human Rights 1 See Drafting Committee on an International Bill of Human Rights, Documented Outline, 11 June 1947, E/CN.4/AC.1/3/Add.1 ('Drafting Commission Documented Outline') at 78-94. 2 See, for example, United States Constitution Amendment IV (right to be secure against 'unreasonable searches and seizures' of one's house, papers, effects and body).

Security and Privacy of mHealth Applications: A Scoping Review

“…The frameworks identified had a variety of objectives for security and/or privacy evaluation, were suggested for different stages of mHealth app lifecycle, and are targeted for adoption by a range of different stakeholders. Based on the information extracted, we classified evaluation frameworks by three stages of the mHealth app lifecycle that they could be applied at: development, testing, and adoption or recommendation (Table 3) 11 Early stage, development. Ensuring the security and privacy of sensitive medical data in health apps [85] or providing "a theoretical framework of rating criteria" that can be used to inform development of an evaluation tool for mHealth apps [86] were common objectives of the frameworks (Table 3, green colour).…”

“…In the later stages, evaluation frameworks focus on questions such as what apps to adopt or recommend ( Table 3, orange colour). The objectives of the evaluation may also differ depending 11 The ordering is compatibile with Table 2. on the target users. For app users: to provide the user with support for decisions on whether or not a given application found in an app store is trustworthy or not [64].…”

“…However, there is also growing awareness and concern about the privacy of information within mHealth apps, which may be compromised by malicious hacking, through commercial data-sharing practices [6]- [9], or devices being stolen [10]. Privacy implies the individual's right to maintain control over and be free from intrusion into their private life, as defined by the European Convention on Human Rights and other national laws [11]. It should be ensured in digital health services.…”

Security and Privacy for mHealth and uHealth Systems: A Systematic Mapping Study

“…Privacy, in turn is not simply a technical concept. It is a fundamental human right, both in terms of physical privacy and information privacy [28]. Here we are particularly interested in the latter, i.e., privacy in the context of health critical data being produced and consumed by m/uHealth systems.…”

Does Indonesia’s Corruption Eradication Commission (KPK) in Spying People Violate International Human Rights Laws to Protect the Right to Privacy?

“…Since the UDHR was drafted, it was clear enough that privacy would be guaranteed in one form or another. [12] Through Article 12 The UDHR, it tries to protect the right to privacy of people constructively. The Article 12 of the UDHR stated: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation.…”