Who buys and controls the CCTV?
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The right to privacy is guaranteed by Article 12 of the UDHR and Article
17 of the ICCPR and in regional treaties. While privacy (as well as the
other human rights discussed in this section) is not an absolute right, it
may be restricted only in very specific circumstances. Restrictions on
privacy must meet the requirements of the three-part test of legality,
necessity, and proportionality:
Restrictions must be provided by law that is sufficiently
accessible, clear, and precise;
The restriction must be in pursuit of a
legitimate aim; and
The restriction must be necessary, in proportion to the aim,
and the least intrusive option available.119
In 2018, the UN Special Rapporteur on the right to privacy called into
question the proportionality of biometric systems.120
International human rights bodies have also moved towards recognising
a right to anonymity as an important aspect of the rights to freedom
of expression and privacy.121 If biometric technologies are used for
identification or profiling purposes in public spaces, such as the use of
CCTV cameras and facial recognition technologies to process facial images
captured by video cameras on streets, squares, subways, stadiums, or
concert halls, they negate individuals’ ability to confidently communicate
anonymously and have anonymity when moving and behaving in public
spaces. As noted by the UN Special Rapporteur on freedom of opinion and