Private life is considered in a very broad concept and depends on different situations. It covers a wide range of issue including information, photographs, medical data, fingerprinting, telephone tapping, and official records. It might be seen as the right to be left alone. Human beings need a kind of sphere in which they are guaranteed to be free of interference or surveillance by government. The development of intellectual faculties through reading, private conversation, writing privately. The right to form intimate relationships. You control over what type of information you choose to disclose to other people.
Human rights and fundamental rights are the basic rights that everyone is entitled to have Define Private life is considered in a very broad concept and depends on different situations It covers a wide range of issue including information, photographs, medical data, fingerprinting, telephone tapping, and official records It might be seen as the "right to be left alone" Human beings need a kind of sphere in which they are guaranteed to be free of interference or surveillance by government The development of intellectual faculties through reading, private conversation, writing privately The right to form intimate relationships You control over what type of information you choose to disclose to other people The right to private life means that you have the right to carry on your life privately, without government and any other people interference, as long as you also respect the rights of other people That means media and others can be prevented from interfering in your life It also means that the personal information about you (official records, photographs, letters, diaries, medical records…) should be kept securely, and not shares without your permission, except in certain circumstances that will be discussed below Protection scope of private life Laws govern the right to respect for private life The international has concerned the issue of respecting for private life for a long time Recognizing the inherent dignity, equal, and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Universal Declaration of Human Right says in Article 12 of Universal Declaration of Human Rights (UDHR) says that: "no one shall be subjected to arbitrary interference with his privacy home, and correspondence, nor to attacks upon his honor and reputation Everyone has the rights to the protection of the law against such interference or attacks" This is to say this article does not post a human right to all these things as a deed, but implies that every one such inherent right because they are said to have the right to be protected against interference in this realm of privacy Then we have International Covenant on Civil and Political Rights (ICCPR) provides on the Article 17 that “1 No one shall be subjected to arbitrary or unlawful interference with his privacy, family, 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" Particularly the Convention for the Protection of Human Rights and Fundamental Freedom, in Point Article 8, says that “Everyone has the right to respect for his private and family life, his home and his correspondence” Finally we have the Charter of Fundamental rights of the European Union govern this issue in Article “everyone has the right to respect for his or her private and family life, home and communications” and Article “1 Everyone has the rights to the protection of personal data concerning him or her.” In the aspect of internal law, each state shall have its own rules or laws govern the right to respect for private life The fourth amendment to the constitution of the United States says that "the rights of the people to be secured in their persons, housed, papers and effects, against unreasonable searches and seizure, shall not be violated" The 2013 Constitution of the Socialist Republic of Vietnam, in Article 21, says that: “everyone has the right to inviolability of private life, personal secrets and family secrets; and has the right to protect his or her honor and reputation The security of information about private life, personal secrets or family secrets shall be guaranteed by law Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication No one may illegally break into, control or seize another’s correspondence, telephone conversations, telegrams or other forms of private communication.” Also the Civil Code of Vietnam provides in Article 31 that: “1 an individual shall have the right with respect to his/her picture.” Circumstances under which the right to respect for private life is limited It needs to be assumed that the protection of privacy is not absolute However, competent agencies shall gather information relevant to private life of a person when it is necessary and to ensure the interest of public Letter shall be delivered directly to the recipients without being opened Any spying on personal conversation of any kind shall be strongly prohibited Inspection of the family of a person shall be limited, and such when necessary with solid existing evidence or proof Gathering and storing information regard to individual by any competent person, organization, agencies shall be governed by law These limitations are stimulated differently in each state legal system, but generally cover the following circumstances: - Protection of national security Protection of public safety Protection of the economy, health and moral Protection against disorder and crime Protection of the rights and freedom of other people Article of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) says “the State Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.” Conditions set out in article ICESCR shall satisfiy following requirements: - The limitation must be regulated in each state legal system - The limitation set out shall not be contrary to the characteristic of limited rights - The limitation shall be set out when it is necessary to accelerate public interest Duty to protect private life the duty to protect private right initially belong to states, competent agencies and organization and all individual shall have the obligation to respect other private life Why we need to respect for private life? Disclose the information that someone want to hide can make them upset, affected and violated every state has its own boundaries and sovereignty so that it can maintain the state development policy, decide on its own The same thing shall be apply to individuals Absolutely everyone should have their own personal boundaries Unlike state boundaries, personal boundaries are abstract, intangible and likely to be violated Once they are infringed, it is mostly impossible for them to return ordinary Almost everyone, including you, experienced violation of their private life Our parent are too much taking care of us, people out there want to know about our life, the curious or business spying wants to explore our personal information, personal record In the world like this, we are not safe, as well as our life If we want our private life to be respected, initially we need to respect others private life We all have secrets that we not want to be disclosed Inviolability The laws and providing the privacy right to respect rights: for private life a human rights system can be said to consist of: a list of internationally guaranteed human rights; permanent institutions; International compliance approaches to or human enforcement rights procedures implementation: - prescribing (defining, formulating) human rights The drafting of human rights standards that are universally acceptable is necessarily an awesome task because the words must be carefully chosen if they are to be understood and taken seriously - promoting (advocating) human rights the second UN task is the promotion of human rights, by which is meant campaigns to "market" or "sell" human rights, to increase knowledge about, and secure public support for, international human rights instruments such as the two covenants and the many more specialized covenants and declaration promulgated since UN effort to promote human rights include information exchanges, educational training courses, the establishment of fellowship for human right scholars, programs of the United Nation university studies - protecting (applying, enforcing) human rights in principle, international human rights conventions have the task of directly enforcing their standards to the states parties, the states parties are themselves expected to enact the legislation and other measures that are necessary for implementation But UN again typically plays a supervisory role in such implementation, and they can be graded from "weak" to "strong" depending upon how directly and swiftly they respond to complaints The content of human rights: three generations of rights: civil and political rights; economic, social and cultural rights; solidarity rights the right to privacy is difficult to define but has come to include a wide range of overlapping and interrelated rights protecting the individuals freedom as long as his/her action not interfere with the rights and freedoms of other the right to privacy is the right to individual autonomy that is violated when state interferes with, penalized or prohibit actions which essentially only concern individual The right to privacy: person's intimacy, identity, name, gender, honor, dignity, appearance, feelings, sexual orientation, home, family and correspondence The practice of the protection of privacy Social networking site Facebook is being sued for allegedly scanning private messages and selling on the data Facebook now faces fresh allegation about violating user's rights by reacting and sharing information gathered from personal message without their consent the recent lawsuit was filed by Facebook user's Matthew Campbell and Michael Hurley citing independent research which claims that, when users share a link to another site, facebook scan it in order to build a profile of the user's activity and sell this information on to advertisers Critics suggest that facebook has access to information that data aggregators are unlikely to find elsewhere If user believe they are communicating in private, they are more likely to reveal private information that they would not reveal if they knew they were being monitored Last September facebook was criticized over a proposed change in its privacy policy which would have allowed names and profile pictures of users to be used in ads Also in 2011, legal action force facebook to compensate users who claimed their data had been used without their permission in a $ 20 million payout Now Facebook will face a new legal challenge from Europe that will prohibit the company from using user's information to produce bespoke advertising The new directive from the European Commission would mean that FB would be unable to sell individual information to advertisers without permission If the social network failed to comply with the new law, expected to be introduced in January 2012, it could face legal action or large fine