Privacy Rights
·
As par Rights
to Privacy Act : -
Invasion
of Privacy is defined as “Wrongful intrusion into one’s private activities, in
such a manner as to cause mental suffering, shame or humiliation to a person of
ordinary sensibilities.”
The
Privacy right “prevents governmental interference in intimate personal
activities and freedoms of the individual to make fundamental choices involving
himself, his family, and his relationship with others.”
Article 1 of the Charter of Fundamental
Rights of the EU (2000) states that “Human dignity is inviolable. It must be respected and
protected”.
Article 17 of the International Covenant on Civil and Political
Rights of the United Nations of 1966 protects also privacy: "No one
shall be subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence, nor to unlawful attacks on his honor and
reputation. Everyone has the right to the protection of the law against such
interference or attacks."
"Invasion of privacy is the intrusion into
the personal life of another, without just cause, which can give the person
whose privacy has been invaded a right to bring a lawsuit for damages against
the person or entity that intruded."
As par European
Coalition Against Covert Harassment also,
“It is our philosophy that all men are equal before
the law. Everybody’s right to life shall be protected. Nobody shall be
subjected to torture or held in slavery. Any technologies and techniques
capable of endangering the human physical and/or psychological health, to
modify the individuals’ autonomy and affect their dignity should be strictly prohibited.”
"An otherwise non-public individual has a
right to privacy from:
a) Intrusion on one's solitude or into one's private affairs;
b) Public disclosure of embarrassing private information;
c) Publicity which puts him/her in
a false light to the public;
d) Appropriation of one's name or picture for personal or commercial
advantage."
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"The Central
Information Commission has tried to create a plausible definition of ‘privacy’
to assist lawmakers who might enact a clear law against ‘invasion of privacy’.
“One who intentionally intrudes, physically or
otherwise, upon the solitude of another or his private affairs or concerns, is
subject to liability to the other for invasion of his privacy, if the intrusion
would be highly offensive to a reasonable person,” the CIC picked up the
definition from the US Restatement of the Law on Torts."
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Intentional infliction of emotional distress (IIED) is
a tort claim of recent origin for intentional conduct that results in extreme
emotional distress. Some courts and commentators have substituted mental for
emotional, but the tort is the same. Some jurisdictions refer to IIED as the
tort of outrage.
The Right to Privacy Bill, India, 2010 intends to provide for protection of the
right to privacy of persons so as to protect them from being blackmailed or
harassed, or their image and reputation being tarnished; and for the prevention
of misuse of digital technology for such purposes and for matters connected
therewith and incidental thereto. It also seeks to provide for deterrent
punishments for the violators in this regard.
Full Text in here …
http://www.rajeev.in/pages/..%5CNews%5CBills_Introduced%5CRight_to_Privacy_Bill.html
The Right To Privacy Bill,
India, 2011 says, “every individual shall have a right to his privacy —
confidentiality of communication made to, or, by him — including his personal
correspondence, telephone conversations, telegraph messages, postal, electronic
mail and other modes of communication; confidentiality of
his private or his family life;
protection of his honor and good name;
protection from search, detention or exposure of lawful
communication between
and among individuals; privacy from surveillance;
confidentiality of his banking and financial transactions,
medical and legal information and protection
of data relating to individual.”
“Unauthorized
interception” punishable with a maximum of five years’ imprisonment, or a fine
of Rs 1 lakh, or both, for each such interception. This makes it a cognizable,
non-bailable offense.
Full Text
in here http://bourgeoisinspirations.files.wordpress.com/2010/03/draft_right-to-privacy.pdf
The bill prohibits “surveillance by following a person”. This
innocuously worded provision has the potential to effect sweeping changes in
the criminal administration of this country (if it is even applicable to the
state police machinery) . Currently, Police Acts in the various states contain
no provisions that enable a person to challenge the surveillance imposed on
them. This new section could provide a powerful new shield to the victims of police harassment.. The Act
proposes a maximum punishment of five years and/or fine of Rs. 7 lakh for the
first offence and Rs. 10 lakh for every subsequent offence.
Please see the corresponding US standard
this regard : -http://www.njleg.state.nj.us/2002/Bills/PL03/206_.HTM
and http://tcattorney.typepad.com/digital_millennium_copyri/2008/03/right-to-privac.html
“Mind
Control” is criminal invasion of privacy for grievous wrongdoings only and that
too habitually for a prolonged period of time ..This is crime … This kind of
criminally perverted criminal sadism & criminal voyeurism & extreme invasion of
privacy by criminal, sadist , psychopathic that amounts to severest mental cruelty to begin with ..
·
Privacy Torts
& compensation issue :-
Protection from arbitrary and unlawful interference
by the Government and private Parties is an essential right.
Also,
"Invasion of privacy is the intrusion into the personal life of another,
without just cause, which can give the person whose privacy has been invaded a
right to bring a lawsuit for damages against the person or entity that intruded."
Article 17 of the International Covenant on Civil and Political Rights
of the United Nations of 1966 also protects privacy. As par this : "No one shall be subjected to arbitrary or
unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on
his honor and reputation.
Everyone
has the right to the protection of the law against such interference or
attacks." It is also
known that, violation of privacy issue also may cause invocation of civil law suit as
par tort law) claiming damage amount due to such action ..
The remedies for an invasion of the
right of privacy are also suggested by those administered in the law of defamation, and in the law of
literary and artistic property. An
action of tort for damages in all cases. Even in the absence of special damages, substantial compensation
could be allowed for injury to feelings
as in the action of slander and libel.
Definitions of 4 Privacy Torts:
Intrusion -- A physical,
electronic or mechanical intrusion into someone's private space. This is an
information-gathering, not a publication, tort. The legal wrong occurs at the
time of the intrusion; no publication is necessary.
False light --
Publication of false, highly offensive (but not necessarily defamatory) information
about an individual.
Public Disclosure of Embarrassing Private
Facts --
Publication of nonnewsworthy, private facts about
an individual that would be highly offensive to a reasonable person (true
defamation)(so intimate that outrage the public's sense of decency).
Appropriation -- Use of a
person's name, likeness or identity for trade or advertising purposes without
consent.
---------------------------------
In most civil law jurisdictions, defamation is
dealt with as a crime rather than a tort
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INTERCEPTION OF PRIVATE COMMUNICATION
Section 184(1) of the Criminal
Code sets out the general rule that it is illegal to willfully intercept a
private communication:
Everyone who, by means of any electro-magnetic,
acoustic, mechanical or other device, willfully intercepts a private
communication is guilty of an indictable offence and liable to imprisonment for
a term not exceeding five years. This involves wiretapping and second lines.
Everyone who, fraudulently and without colour of
right,
UNAUTHORIZED USE OF A COMPUTER
(a) obtains, directly or indirectly, any computer
service,
(b) by means of an electro-magnetic, acoustic,
mechanical or other device, intercepts or causes to be intercepted, directly or
indirectly, any function of a computer system,
(c) uses or causes to be used, directly or indirectly, a
computer system with intent to commit an offence under
paragraph (a) or (b) or an offence under section 430 in relation to data or a
computer system, or
(d) uses, possesses, traffics in or permits another
person to have access to a computer password that would enable a person to
commit an offence under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to
imprisonment for a term not exceeding ten years, or is guilt.
Right to life includes Right To
Privacy
The Fourth Amendment of US
The false hoax of Privacy Violation for a gimmick term called
“Human experimentation” is easily
rubbished by Nuremberg Code , the only code on the subject ..
