Privacy and Human Rights: An International and Comparative Study, with Special Reference to Developments in Information Technology

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The developments of communication technologies have been among the most spectacular in the recent years. These put major challenges for the protection of human rights and, in particular, the right to privacy. These also raise crucial ethical issues concerning the treatment, storing and access to information. This book aims at mapping the main questions in this area and presents some of the legal answers so far given.
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Product Details

  • ISBN-13: 9781855213814
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 10/1/1994
  • Series: UNESCO Series
  • Pages: 194

Table of Contents

Introduction 1
The Nature and Significance of Privacy 1
The Impact of Technology on Privacy 6
1 Different Legal Approaches 13
Nordic Law 13
Civil Law 15
Common Law 16
2 International Standards 19
International Human Rights Instruments 19
The Universal Declaration and the International Covenant on Civil and Political Rights 19
The American Declaration of the Rights and Duties of Man, and the American Convention on Human Rights 26
The European Convention on Human Rights 27
International Data Protection Law 32
The Council of Europe's Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data 35
The OECD Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data 40
The European Community Draft Directive on Data Protection 42
Other international instruments 42
Transborder Data Flows 43
3 Country Reports 53
Countries with National Data Protection Laws and Access to Government Information Laws 53
Sweden 53
Denmark 56
Norway 58
Finland 60
The Netherlands 62
France 65
New Zealand 69
Canada 74
United States of America 81
Australia 89
Countries with National Data Protection Laws only 92
Federal Republic of Germany 92
Luxembourg 97
United Kingdom 100
Ireland 108
Austria 108
Iceland 112
Israel 113
Portugal 115
Japan 117
Countries with Access to Government Information Laws only 118
Greece 118
Countries with Constitutional Privacy Provisions only 119
Spain 119
Other Countries 119
European 'Socialist' Countries 120
Union of Soviet Socialist Republics 121
Hungary 124
Other Socialist Countries 125
China 125
4 Conclusions 133
App. 1 OECD Guidelines 139
App. 2 Council of Europe Convention 145
App. 3 UN Recommended Guidelines 155
App. 4 European Community Modified Proposal 169
Index 189
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