Universal Declaration of Human Rights (1948)
The United Nations General Assembly (UNGA) adopted the Universal Declaration of Human Right in 1948. In the aftermath of the second World War, the UNGA set out to list the fundamental human rights that everyone is entitled to, the universal protection of the fundamental human rights of people, and a pledge for countries to cooperated in protecting and promoting the fundamental human rights of all people.
The right to privacy was codified as a fundamental human right in the Universal Declaration of Human Rights. In Europe, privacy as a human rights law has been foundational in subsequent legislations on data protection laws and standards. The key articles relating to privacy in the Declaration are Sections 12, 19, and 29(2). Sections 12 and 19 codify the right to privacy and expression as fundamental human rights. Section 29(2) notes that rights and freedoms, including privacy, are not absolute and may be limited under certain conditions to balance other public interests.
European Convention on Human Rights (ECHR, 1953)
In 1949, the Council of Europe (CoE) was established to promote human rights, democracy and the rule of law. In 1953, the CoE set out its foundational human rights treaty, the European Convention on Human Rights (ECHR). *Note: The ECHR is different from the “The Charter” (the Charter of Fundamental Rights of the European Union) which is the EU’s Bill of Rights.
Articles 8, 10 of the ECHR codified the right to privacy and expression as a fundamental human right of all people in Europe.
The ECHR established the European Court of Human Rights. The Court adjudicates ECHR violations, interprets and enforces the ECHR. The Court’s decisions are binding on all EU member states. The Court can also offer advisory opinions. *Note: The European Court of Human Rights is different from the Court of Justice of the EU (CJEU) which adjudicates violations of the EU Charter.
Privacy as a human right: In EU, privacy and data protection rights are expansive because they are codified as a human right. This is significant because in many other countries data is often seen as a property right. However, human rights are more broadly protected than property rights. For businesses and individuals, this distinction of privacy and data as a human right versus property right is significant. Human rights enjoy greater constitutional and legislative protection, cannot be sold or contracted out, scrutinized more by Courts for discrimination and standards of fairness, and overall held to a higher standard.
