Right to privacy. Where are its limits?

What is the right to privacy

The right to privacy is a fundamental human right that protects individuals from unwarranted interference with their personal life, identity and personal data. It includes, for example, the right to privacy of personal correspondence, personal data, home and family life. At the same time, the right to privacy also affects the right to one’s own image and reputation.

The right to privacy in legislation

The right to privacy is a fundamental human right and it will therefore come as no surprise that it is regulated in the Charter of Fundamental Rights and Freedoms. Here we find information that “theinviolability of the person and his or her privacy is guaranteed” and that “everyone has the right to protection against unwarranted interference with his or her private and family life.”

The right to privacy is also regulated by the Civil Code, which provides, for example, that “no one may interfere with the privacy of another unless he has a lawful reason to do so. In particular, a person’s private premises may not be invaded, his private life monitored or an audio or visual record made of it without his consent.”

The Criminal Code provides for offences against privacy and personal liberty. These include, for example, the offence of breaching the secrecy of documents and other documents kept in private, unauthorised disposal of personal data or defamation.

In addition to Czech legislation, international legislation also addresses the right to privacy. For example, one of the basic principles of the UN Universal Declaration of Human Rights is the rule that “no one shall be subjected to arbitrary interference with his private life, family, home or correspondence, or to attacks on his honour or reputation.” In turn, the European Convention on Human Rights guarantees the right to respect for private and family life, freedom of the home and correspondence.

Conflict between the right to privacy and other rights

Although the right to privacy is one of the fundamental human rights firmly established in international and Czech legislation, there are a number of exceptions and conflicts with other types of rights and obligations. Thus, in many situations, the right to privacy may have to take a back seat:

Conflict between the right to privacy and security

The clash between the right to privacy and security is one of the key legal and ethical dilemmas of our time. This conflict manifests itself in various areas of law, in particular in issues of state control, data protection, criminal proceedings, surveillance and crime prevention. In particular, the conflict can be encountered in the following areas:

• Surveillance cameras: on the one hand, the installation of cameras in public places and facial recognition helps in preventing and solving crime, but it can also lead to unwarranted surveillance of citizens.
• Data protection: Encryption of online data protects personal communications and banking transactions, but also makes it more difficult for security forces to access information they need, for example, in terrorism or organised crime investigations.
• Searches and wiretaps: If criminal activity is suspected, the state can interfere with an individual’s privacy through searches, surveillance or wiretaps. This is a major invasion of that person’s privacy. Therefore, judicial review of these measures is crucial to balance security and privacy.

Conflict between the right to privacy and the right to information

The conflict between the right to privacy and the right to information is a frequent topic that arises mainly in the context of the public sphere, journalistic activities, public surveillance and the protection of personal data.

This is particularly the case for information relevant to the public interest. For example, sharing details of political scandals or court cases. This then raises the question of when the right to privacy has already been breached, even if the information is relevant to the public interest.

Conflict between the right to privacy and public health

The conflict between the right to privacy and public health is a classic example of the conflict between individual rights and the public interest that we encountered almost daily a few years ago. It arises in particular in situations where health protection measures require an interference with the privacy of individuals, and these are the situations in particular:

• Mandatory vaccinations and health measures: the obligation to undergo vaccinations or other preventive measures can be perceived as an interference with bodily integrity and the right to privacy. On the other hand, the state has a duty to protect public health and prevent the spread of infectious diseases.
• Mandatory testing: During the coronavirus pandemic, we have seen mandatory testing before travelling, entering employment, schools or using routine services. This mandatory testing has sparked heated debate about whether it is an excessive invasion of privacy.

How to defend yourself against a breach of privacy rights

If your honour, dignity or privacy is violated, you can bring a personality protection action to seek an injunction (e.g. to stop the dissemination of information), remedy (e.g. an apology, public denial of false information) and adequate compensation (e.g. financial compensation). In more serious cases, you can file a criminal complaint with the police (e.g. in cases of stalking, blackmail, serious defamation or misuse of personal data).

Specifics of the right to privacy of public officials

The right to privacy is not the same for everyone. It is somewhat weakened for public figures (e.g. politicians, civil servants, judges, well-known businessmen, celebrities). The main reason for this is their influence on public life and the need to inform the public about matters that may be relevant to the exercise of their functions or activities in the public space.

Public figures have to endure a higher degree of public scrutiny, especially when it comes to information concerning their professional life or matters related to the exercise of their office. For example, public officials must expect the media to report on their professional activities, political views or corruption cases.

Although the privacy protection of public figures is weaker, this does not mean that it is unlimited. Interference in their private lives must be justified by the public interest. On the other hand, public figures sometimes try to protect themselves from criticism by invoking the right to privacy. However, as long as the criticism is based on true and factual information related to their public function, the right to privacy does not come into play.

Summary

The right to privacy is a fundamental human right protecting individuals from unwarranted interference with their personal life, identity and personal data. It is enshrined in the Charter of Fundamental Rights and Freedoms, the Civil and Criminal Codes and international conventions.

In practice, however, it often conflicts with other rights. For example, in the name of security , CCTV systems, searches or wiretaps are used, which can invade privacy. Similarly, the right to information justifies the disclosure of sensitive data, but only if it is in the public interest.

Defences against unauthorised interference include a claim for protection of personality or a criminal complaint. For public figures, the right to privacy is limited because of their influence on public life, but interference with their privacy must be justified by the public interest.