Overturning a previous chamber decision, the Grand Chamber of the European Court of Human Rights (ECtHR) held that employees’ right to privacy was not violated when a Spanish supermarket used visible and secret cameras to record public areas of the store when it suspected significant theft by employees. See ECtHR, López Ribalda and Others v. Spain [GC], nos. 1874/13 and
Read moreCategory: privacy
European Court of Human Rights Issues First Ever Advisory Opinion
In its first advisory opinion, the European Court of Human Rights (ECtHR) considered the parental rights, under French law, of intended mothers to children born abroad through a surrogacy arrangement. See ECtHR, Advisory Opinion concerning the recognition in domestic law of a legal parent-child relationship between a child born through a gestational surrogacy arrangement abroad and the intended mother, Request
Read moreEuropean Court: UK’s Mass Interception of Online Communications Violated Rights
On September 13, 2018, the European Court of Human Rights (ECtHR) ruled that the United Kingdom’s bulk collection of online communications and its collection of data from communication service providers (CSPs) violated the rights to privacy and freedom of expression. See ECtHR, Big Brother Watch and Others v. the United Kingdom, nos. 58170/13, 62322/14, 24960/15, ECHR 2018, Judgment of 13
Read moreMandatory HIV/AIDS and Drug Testing Violates Rights to Privacy & Equal Protection
During its 123rd Session, the United Nations Human Rights Committee issued its first decision on the privacy and equal protection implications of mandatory HIV/AIDS and drug testing for individuals seeking a visa extension. See Human Rights Committee, Vandom v. Republic of Korea, Communication No. 2273/2013, Views of 12 July 2018, UN Doc. CCPR/C/123/D/2273/2013. The case concerned an American English teacher,
Read moreCouncil of Europe Moves to Protect Children in the Digital Age
This month the Committee of Ministers of the Council of Europe (COE) adopted guidelines and recommendations on the rights of children in the digital environment for all Member States of the Council of Europe. See Committee of Ministers, Recommendation CM/Rec(2018) 7 of the Committee of Ministers to member States on Guidelines to respect, protect, and fulfil the rights of the
Read moreOctober 2017: United Nations and Regional Human Rights Bodies in Session
In October, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, interactive dialogues, country visits, seminars, and hearings. Five UN treaty bodies will meet throughout October to assess States’ compliance with their treaty obligations related to civil and political rights; economic, social,
Read moreSupreme Court of India Declares Privacy Is a Fundamental Right
At the end of August, the Supreme Court of India unanimously held that the Constitution of India specifically protects the right to privacy, which it concluded is inherent to constitutional guarantees of life and liberty pursuant to its Article 21 and, therefore, already exists as a fundamental freedom enshrined in the Constitution. See Justice K.S. Puttaswamy (Retd) vs. Union of
Read moreECtHR: Romania Violated Privacy Rights After Employer Monitored Instant Messages
On September 5, 2017, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled that a private company’s decision to dismiss an employee, after monitoring and accessing his instant messages sent from the workplace, violated the employee’s right to respect for private and family life, enshrined in Article 8 of the European Convention on Human Rights. See ECtHR,
Read moreNews Clips- August 25, 2017
Civil Society Protesters in Hong Kong demonstrated last weekend to call for the release of three pro-democracy activists who were imprisoned last week. [Guardian] Maina Kiai, a former United Nations Special Rapporteur and a human rights activist, was detained at the Nairobi airport for two hours before allowed to leave the country last Sunday. [Guardian] A Chinese human rights lawyer
Read moreMay 2017: UN Treaty Bodies, UPR, and Regional Bodies in Session
In May, various universal bodies and experts will assess States’ compliance with their human rights obligations by conducting country visits, engaging in interactive dialogues, and reviewing reports from States and civil society, and human rights bodies in the African, Inter-American, and European human rights systems will hold sessions or hearings on individual complaints. Four UN treaty bodies will meet to
Read more