
Article 17 of the International Covenant on Civil and Political Rights states that: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, or correspondence, or to unlawful attacks on his honour and reputation.” Governments have duties to protect against interferences with privacy by State agents or private bodies such as employers and the media. The government can however authorise restrictions on privacy that are necessary to protect legitimate public interest, for example law and order or national security. Interpretations of the notion of privacy by different institutions may also have implications for business. For example, the European Court of Human Rights has added “freedom from unreasonable interference in the enjoyment of one’s private space” to its definition of privacy. A company’s fume emissions to a residential zone may, under this understanding, be interpreted as a violation of privacy.
Business can impact on the right to privacy in a number of ways, for example, through the provision of technology that may be used to aid the invasion of privacy, through the requesting of confidential and private information during employee recruitment and selection processes, or by providing private information to authorities that is later used to support violations such as arbitrary arrest and detention. The communications sectors, including internet service providers, are at particular risk of direct complicity in violations of privacy and freedom of speech. Several prominent internet search engines, for example, have been implicated in providing governments with details about internet users. Companies are also frequently involved in collecting large amounts of personal data on employees and customers, which requires assurances of confidentiality of such information.
The following example was identified through background research:
How does a company avoid complicity in violation of the right to privacy when supplying a government with equipment or technology that may be misused to restrict this freedom?
The following have been identified as possible components of this dilemma: