PRIVACY AND CIVIL LIBERTIES

Jörgen and Virginia

PRIVACY

• Overview• Definition• Aspects of Privacy• Case studies

An Overview of Privacy and Human Rights

Privacy is a fundamental human right.

It supports human dignity and other values such as freedom of association and freedom of speech.

The right to privacy has become one of the most important human rights of the modern age.

An Overview of Privacy and Human RightsThe privacy of individuals is protected in:• the Universal Declaration of Human Rights• the International Covenant on Civil and Political Rights• and in many other international and regional human

rights agreements such as the European Convention on Human Rights.

Almost every country in the world includes a right of privacy in its constitution. At a minimum, these conditions include rights of security from violation of the home and secrecy of communications.

Definition of Privacy

Definitions of privacy vary widely according to context and environment.

Privacy protection is frequently seen as a way of drawing the line at how far society can intrude into a person's affairs.

In many countries, data protection has been added to the privacy rights, which treats privacy in terms of handling personal information.

Aspects of Privacy

Privacy can be divided into the following separate but related concepts:

• Information privacy • Bodily privacy • Privacy of communications • Territorial privacy

Aspects of Privacy: Information Privacy

Concerns the laws that treat the collection and handling of personal data such as credit information, and medical and government records. It is also known as "data protection“.

Aspects of Privacy: Bodily Privacy

Concerns the protection of people's physical selves against procedures such as genetic tests and drug testing, which have been forced on.

Aspects of Privacy: Privacy of Communications

Covers the security and privacy of mail, telephones, e-mail and other forms of communication.

Aspects of Privacy: Territorial Privacy

Concerns the setting of limits on intrusion into personal and other environments such as a person’s home, the workplace or public space. This includes video surveillance and ID checks.

Case Studies - Privacy

Vigilantism against a wrongfully convicted sex

offender Jean has been married to Ted for five years. He is a registered sex offender, having been wrongfully accused of molestation by a vengeful adult-age daughter. His attorney thought the case against Ted looked strong. He recommended that Ted enter into a plea bargain and spend a short period of time in prison in order to get the whole thing behind him. He took the attorney's advice and spent eight months in jail, even though he did not molest his daughter. Jean says how he regrets having taken the attorney's advice. Ted has since had a perfect parole record for five years.

In June 1995 the state of California opened up a 900-number hotline in which callers can get information about registered sex offenders. Someone in the neighborhood found out that Ted was on the list. He and Jean have since been hounded and harassed. The neighbors have placed posters all over the neighborhood containing information about Ted. They have received three death threats. Ted can go nowhere alone. They sent a cease and desist letter to a particular neighbor, but it had no effect. They (Ted and his family) have considered hiring a mediator to come into the neighborhood and discuss the issue with their neighbors, but have been told the situation is too extreme for mediation to be effective. Jean and Ted would like to move, but are not financially able to do so.

A Fingerprint to Rent a Car? An Ex-Customer Says "No"

At Dollar Rent A Car ("Dollar Makes Sense.®") in Midway Airport, Chicago, I tried to rent a car but was refused only because I would not give the corporation my thumbprint. According to the "Frequently Asked Questions About Thumb Printing Procedures" sheet the representative pulled out when I started to ask why I had to provide a print of my anatomy to rent a car, I was told this procedure was to identify those who engage in fraudulent rentals and theft. I thought about this for a minute and then asked whether the print would be destroyed when I returned the car in proper condition the next day; the Dollar representative said "no". The FAQ sheet explains that the company keeps your print for seven years at corporate headquarters in Tulsa, Oklahoma! Nothing on its literature indicates that the corporate headquarters will not sell, trade, or market the thumbprint and there are no regulations to prevent the corporation from doing this or using it in other ways to further violate your identity. This is an outrageous example of unilateral corporate erosion of our civil liberties. What’s next? DNA? A blood sample? If this is a trend, as Dollar claimed other rental companies would be instituting the same procedure, it must be stopped. I refused to rent the car and went to another place with comparable rates. I am sure there are many others who do not want to give an unregulated corporation their "Thumbs Up!" -- the Orwellian label Dollar has given its new campaign to violate your self. Theresa Amato

Civil Liberties - Human Rights

• History• Modern time• The Universal Declaration of the Human

Rights• Case studies

History – Important Documents

• 1293 - Magna Carta• 1690 - The second treatsie

of civil government

British philosopher John Locke wrote this book which contains 243 sections, in which he describes how man should behave in specific situations, his rights and sofort. Locke talks about the natural law, a moral standard that controls human behavior.

History – Important Documents

• 1789 – The declaration of the rights of manBased on the ideas from french philosopher like Rousseau.

• 1789 – Bill of rightsIn fear of violating the civil rights, the congress amended ten articles to the constitution of the United States, known as the Bill of Rights.

Modern time – Important DocumentsUnited Nations Adopted –• 1948 – The Universal Declaration of Human Rights.• 1966 – The International Covenant on Civil and

Political rights• 1969 – The International covention of the elimination

of all forms of racial discrimination.• 1981 – The convention on the elimination of all

forms of discrimination against women.

The Universal Declaration of the Human Rights• Article 1: All humans are born free and equal

in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

The Universal Declaration of the Human Rights• Article 2: Everyone is entitled to all the rights and

freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

• Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

The Universal Declaration of the Human Rights• Article 3: Everyone is entitled to all the rights.

Case Study – Civil Liberties

Death Help

Bob is a single father with one son called James. On his 40th birthday he drops his glass of wine for no obvious reason. Bob thinks it is embarrassing, but shrugs it off by stating he was clumsy. One month later Bob cannot open a bottle of juice at breakfast, he has not enough strength in his hands. His son James is worried and they agree that he shall visit a doctor. After a thorough examination and a lot of tests Bob is sent home to wait for the doctor’s answer. A couple of days later he is called to the hospital and the doctor has sad news for Bob, he has the incurable disease ALS which often is called Lou Gehrig's disease; a nerve disease, which leads to progressive muscle weakness followed by paralysis. Eventually once respiratory muscles become affected and you cannot breathe without a ventilatory support. Bob is told that he is probably going to die within two years. Eight months later he has become so ill that he sits in a wheel chair and his lung capacity is only fifty percent of the normal. Bob now begins to discuss with his son James that he does not want to live any more and that this is not a life with quality. A year after the doctor’s announcement James gives his father an overdose of morphine and he dies. James is discovered and is sentenced to imprisonment for second degree murder.