Privacy Rights/Limitations - Restrictions/Derogations
Under international human rights laws, what permissible exceptions (often called derogations) exist?
Article 8(2) of the European Convention on Human Rights (ECHR) presents exceptions to the right to privacy – “except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others” (1950) . The Universal Declaration on Human Rights (1948, Art. 12) and the International Covenant on Civil and Political Rights (1996, Art. 17) only prevent arbitrary and unlawful searches, allowing for reasonable searches.
References:
European Convention on Human Rights. Council of Europe. Nov. 4, 1950. https://www.echr.coe.int/documents/convention_eng.pdf
International Covenant on Civil and Political Rights. United Nations General Assembly (UNGA). Dec. 16, 1996. https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
Universal Declaration on Human Rights. UNGA. Dec. 10, 1948. https://www.un.org/en/about-us/universal-declaration-of-human-rights