{"id":5047,"date":"2019-11-15T20:49:28","date_gmt":"2019-11-15T20:49:28","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=5047"},"modified":"2019-11-15T20:51:58","modified_gmt":"2019-11-15T20:51:58","slug":"ccpr-general-comment-no-16-article-17-right-to-privacy-the-right-to-respect-of-privacy-family-home-and-correspondence-and-protection-of-honour-and-reputation-2","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=5047","title":{"rendered":"General Comment No.16-Article 17 (Right to Privacy) The Right to Respect of Privacy, Family, Home and Correspondence, and Protection of Honour and Reputation"},"content":{"rendered":"

Adopted at the Thirty-second Session of the Human Rights Committee,<\/strong>
\non 8 April 1988<\/strong><\/p>\n

1. Article 17 provides for the right of every person to be protected against\u00a0arbitrary or unlawful interference with his privacy, family, home or correspondence as\u00a0well as against unlawful attacks on his honour and reputation. In the view of the\u00a0Committee this right is required to be guaranteed against all such interferences and\u00a0attacks whether they emanate from State authorities or from natural or legal persons.
\nThe obligations imposed by this article require the State to adopt legislative and other\u00a0measures to give effect to the prohibition against such interferences and attacks as\u00a0well as to the protection of this right.<\/p>\n

2. In this connection, the Committee wishes to point out that in the reports of\u00a0States parties to the Covenant the necessary attention is not being given to information\u00a0concerning the manner in which respect for this right is guaranteed by legislative,\u00a0administrative or judicial authorities, and in general by the competent organs\u00a0established in the State. In particular, insufficient attention is paid to the fact that\u00a0article 17 of the Covenant deals with protection against both unlawful and arbitrary\u00a0interference. That means that it is precisely in State legislation above all that provision must be made for the protection of the right set forth in that article. At\u00a0present the reports either say nothing about such legislation or provide insufficient\u00a0information on the subject.<\/p>\n

3. The term \u201cunlawful\u201d means that no interference can take place except in cases\u00a0envisaged by the law. Interference authorized by States can only take place on the\u00a0basis of law, which itself must comply with the provisions, aims and objectives of the
\nCovenant.<\/p>\n

4. The expression \u201carbitrary interference\u201d is also relevant to the protection of the\u00a0right provided for in article 17. In the Committee\u2019s view the expression \u201carbitrary\u00a0interference\u201d can also extend to interference provided for under the law. The\u00a0introduction of the concept of arbitrariness is intended to guarantee that even\u00a0interference provided for by law should be in accordance with the provisions, aims
\nand objectives of the Covenant and should be, in any event, reasonable in the\u00a0particular circumstances.<\/p>\n

5. Regarding the term \u201cfamily\u201d, the objectives of the Covenant require that for\u00a0purposes of article 17 this term be given a broad interpretation to include all those\u00a0comprising the family as understood in the society of the State party concerned. The
\nterm \u201chome\u201d in English, \u201cmanzel\u201d in Arabic, \u201czh\u00f9zh\u00e1i\u201d in Chinese, \u201cdomicile\u201d in French, \u201czhilische\u201d in Russian and \u201cdomicilio\u201d in Spanish, as used in article 17 of the\u00a0Covenant, is to be understood to indicate the place where a person resides or carries\u00a0out his usual occupation. In this connection, the Committee invites States to indicate in their reports the meaning given in their society to the terms \u201cfamily\u201d and \u201chome\u201d.<\/p>\n

6. The Committee considers that the reports should include information on the\u00a0authorities and organs set up within the legal system of the State which are competent\u00a0to authorize interference allowed by the law. It is also indispensable to have\u00a0information on the authorities which are entitled to exercise control over such\u00a0interference with strict regard for the law, and to know in what manner and through
\nwhich organs persons concerned may complain of a violation of the right provided for\u00a0in article 17 of the Covenant. States should in their reports make clear the extent to\u00a0which actual practice conforms to the law. State party reports should also contain\u00a0information on complaints lodged in respect of arbitrary or unlawful interference, and\u00a0the number of any findings in that regard, as well as the\u00a0 \u00a0emedies provided in such\u00a0cases<\/p>\n

7. As all persons live in society, the protection of privacy is necessarily relative.\u00a0However, the competent public authorities should only be able to call for such\u00a0information relating to an individual\u2019s private life the knowledge of which is essential\u00a0in the interests of society as understood under the Covenant. Accordingly, the\u00a0Committee recommends that States should indicate in their reports the laws and
\nregulations that govern authorized interferences with private life.<\/p>\n

8. Even with regard to interferences that conform to the Covenant, relevant\u00a0legislation must specify in detail the precise circumstances in which such interferences may be permitted. A decision to make use of such authorized interference must be made only by the authority designated under the law, and on a\u00a0case-by-case basis. Compliance with article 17 requires that the integrity and confidentiality of correspondence should be guaranteed de jure and de facto.\u00a0\u00a0Correspondence should be delivered to the addressee without interception and without\u00a0being opened or otherwise read. Surveillance, whether electronic or otherwise,interceptions of telephonic, telegraphic and other forms of communication,\u00a0wire-tapping and recording of conversations should be prohibited. Searches of a\u00a0person\u2019s home should be restricted to a search for necessary evidence and should not\u00a0be allowed to amount to harassment. So far as personal and body search is concerned,\u00a0effective measures should ensure that such searches are carried out in a manner
\nconsistent with the dignity of the person who is being searched. Persons being\u00a0subjected to body search by State officials, or medical personnel acting at the request\u00a0of the State, should only be examined by persons of the same sex.<\/p>\n

9. States parties are under a duty themselves not to engage in interferences\u00a0inconsistent with article 17 of the Covenant and to provide the legislative framework\u00a0prohibiting such acts by natural or legal persons.<\/p>\n

10. The gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law. Effective measures have to be taken by States to ensure that information concerning a person\u2019s private life does not reach the hands of persons who are not authorized by law to receive, process and use it, and is never used for purposes incompatible with the Covenant. In order to have the most effective protection of his private life, every individual should have the right to ascertain in an\u00a0intelligible form, whether, and if so, what personal data is stored in automatic data\u00a0files, and for what purposes. Every individual should also be able to ascertain which\u00a0public authorities or private individuals or bodies control or may control their files. If\u00a0such files contain incorrect personal data or have been collected or processed contrary\u00a0to the provisions of the law, every individual should have the right to request\u00a0rectification or elimination.<\/p>\n

11. Article 17 affords protection to personal honour and reputation and States are under an obligation to provide adequate legislation to that end. Provision must also be made for everyone effectively to be able to protect himself against any unlawful attacks that do occur and to have an effective remedy against those responsible. States parties should indicate in their reports to what extent the honour or reputation of individuals is protected by law and how this protection is achieved according to their legal system.<\/p>\n","protected":false},"excerpt":{"rendered":"

Adopted at the Thirty-second Session of the Human Rights Committee, on 8 April 1988<\/p>

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