Myanmar: Outline of Rules Affecting Freedom of Expression unreasonable intrusion upon the seclusion of another, appropriation of one’s name or likeness, publicity which places one in a false light and unreasonable publicity given to one’s private life.11 This classification has been adopted throughout most jurisdictions in the US and has proved to be influential in Canada and the UK.12 Two constraints on these laws are necessary to ensure that they are not used to unduly restrict free speech. First, they must be limited in application to situations in which an individual has a reasonable expectation of privacy, taking into account all of the circumstances. Second, where the overall public interest is served by dissemination of a statement, this should prevail over the privacy interest. This might be the case, for example, where an invasion of privacy disclosed evidence of corruption or of a threat to life or safety. Although freedom of expression and privacy are sometimes in tension, and in such cases require a proper balancing, the relationship between these two rights is not always adversarial. Indeed, the existence of sufficiently robust privacy and data protection laws is key to creating an enabling environment for freedom of expression. To this end, States should respect users’ decisions to remain anonymous online and to use encryption. However, States may, exceptionally, undertake necessary surveillance measures to trace or otherwise respond to criminal activities or national security threats. States should ensure that the regulatory framework for such surveillance conforms to international standards and authorise surveillance in only the most exceptional circumstances. Collection of information should be subject to oversight by the judiciary on a case-by-case basis (and not provide for judicial oversight of the overall policy as a whole), and sufficient guarantees of due process should be observed. 2.3. The Right to Information It is now widely recognised that everyone has a right to access information held by public authorities, subject only to a limited set of exceptions to protect overriding public and private interests. This right must be implemented through legislation. Such legislation should establish a broad presumption in favour of access to all information held by all public bodies; place an obligation on public bodies to disclose a wide range of information of public interest on a proactive basis; put in place clear procedures for making requests for information; detail a clear and narrow set of exceptions to the right of access; and provide for an independent appeals mechanism to contest refusals to grant access. William L. Prosser, "Privacy", (1960) 48 Cal. L. Rev. 383. See, for example, Jones v. Tsige, 2012 ONCA 32, paras. 16-19 (Ontario Court of Appeal), https://www.canlii.org/en/on/onca/doc/2012/2012onca32/2012onca32.html?autocompleteStr=2012%20ON CA%2032&autocompletePos=1. 11 12 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 10