| 释义 |
privacy
n. The right to be free from unwarranted intrusion and to keep certain matters from public view (or surveillance by the state), as recognized in Article 8 of the European Convention on Human Rights and the Human Rights Act 1998. The right includes privacy of communications (telephone calls, correspondence, etc.); privacy of the home and office; environmental protection (including freedom from excessive noise: Hatton v UK [2003] 37 EHRR 611); the protection of physical integrity; protection from unjustified prosecution and conviction for those engaged in consensual nonviolent sexual activities; and protection from being photographed and described in circumstances where the individual has a reasonable expectation of privacy (Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457), including by way of CCTV cameras (Peck v UK (App no 44647/98) (2003) 36 EHRR 41). Other cases have involved the search of a person by the police in a public place (Gillian and Quinton v UK (App no 4158/05) (2010) 50 EHRR 45), the notion of personal autonomy or self-determination (Pretty v UK (App no 2346/02) (1998) 26 EHRR 241), and retention of DNA profiles on a police database (S and Marper v UK (App no 30562/04) (2008) 48 EHRR 1169). This right is a qualified right. Public authorities have a limited but positive duty to protect privacy from interference by third parties. Note that previously there was no common law tort of invasion of privacy under English Law (Wainwright v Home Office [2003] UKHL 53, [2004] 2 AC 406). See also breach of confidence. |