Introduction
1. This stakeholder report is a submission by Privacy International (PI).1
PI is a human rights organisation that works to advance and promote the
right to privacy and fight surveillance around the world.
2. PI wishes to bring concerns about the protection and promotion of the
right to privacy in Myanmar before the Human Rights Council for
consideration in Myanmar's upcoming review.
The right to privacy
3. Privacy is a fundamental human right, enshrined in numerous
international human rights instruments.2 It is central to the protection
of human dignity and forms the basis of any democratic society. It also
supports and reinforces other rights, such as freedom of expression,
information and association. The right to privacy embodies the
presumption that individuals should have an area of autonomous
development, interaction and liberty, a “private sphere” with or
without interaction with others, free from arbitrary State intervention
and from excessive unsolicited intervention by other uninvited
individuals.3
4. Activities that restrict the right to privacy, such as surveillance and
censorship, can only be justified when they are prescribed by law,
necessary to achieve a legitimate aim, and proportionate to the aim
pursued.4
5. As innovations in information technology have enabled previously
unimagined forms of collecting, storing and sharing personal data, the
right to privacy has evolved to encapsulate State obligations related
1
For further information, please visit our website at: www.privacyinternational.org
2
Universal Declaration of Human Rights Article 12, United Nations Convention on Migrant Workers
Article 14, UN Convention of the Protection of the Child Article 16, International Covenant on Civil
and Political Rights, International Covenant on Civil and Political Rights Article 17; regional
conventions including Article 10 of the African Charter on the Rights and Welfare of the Child,
Article 11 of the American Convention on Human Rights, Article 4 of the African Union Principles on
Freedom of Expression, Article 5 of the American Declaration of the Rights and Duties of Man,
Article 21 of the Arab Charter on Human Rights, and Article 8 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms; Johannesburg Principles on National Security,
Free Expression and Access to Information, Camden Principles on Freedom of Expression and Equality.
3
Martin Scheinin, Report of the Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, 2009, A/HRC/17/34
4
Universal Declaration of Human Rights Article 29; General Comment No. 27, Adopted by The Human
Rights Committee Under Article 40, Paragraph 4, Of The International Covenant On Civil And Political
Rights, CCPR/C/21/Rev.1/Add.9, November 2, 1999; see also Martin Scheinin, “Report of the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering
terrorism,” 2009, A/HRC/17/34.