The right to privacy is the right of individuals to have aspects of their personal and family life protected against unjustified interference. It can encompass personal information, family relationships, the home, correspondence, communications, identity and aspects of personal autonomy. The precise scope differs between legal systems, but international and regional human rights frameworks recognise privacy as a fundamental right. The European Convention protects the right to respect for private and family life, home and correspondence under Article 8. Privacy is therefore not limited to secrecy. It can also concern the ability to maintain personal autonomy and develop relationships without arbitrary interference by public authorities.
Privacy has several overlapping dimensions. Informational privacy concerns the collection, retention, use and disclosure of personal data. Communications privacy concerns correspondence, telephone communications and other private communications. Physical and spatial privacy concerns the home and personal spaces. Relational privacy concerns family and personal relationships. Autonomy concerns aspects of personal decision making and identity. These dimensions can overlap, particularly in digital environments where personal communications, location information, photographs, health information and behavioural records can be collected and analysed. A modern understanding of privacy therefore extends beyond the old idea that privacy simply means being left alone.
The right to privacy is not an absolute prohibition on interference. Under Article 8 of the European Convention, interference can be lawful where it is in accordance with the law and necessary in a democratic society for specified interests, including national security, public safety, economic well being, prevention of disorder or crime, protection of health or morals and protection of the rights and freedoms of others. This structure requires a legal justification for interference rather than giving public authorities unrestricted discretion. Courts can therefore examine whether surveillance, searches, data processing or other intrusions have sufficient legal and democratic justification.
Privacy has become especially important because modern states and private organisations can collect large amounts of personal information. Digital databases, mobile devices, online services, cameras and networked systems can generate detailed records about people's activities and relationships. The legal treatment of data can therefore affect privacy even when no physical search occurs. The European human rights framework's protection of private life and correspondence provides a basis for analysing many forms of modern information interference. The specific rules governing data protection, however, may come from separate legislation and regulatory systems in addition to constitutional or human rights protections.
Privacy is closely connected with other rights. Freedom of expression can depend upon confidential communications and protection of journalistic sources. Freedom of religion can involve private beliefs and religious practice. Freedom of association can involve membership information and organisational communications. Family life obviously concerns relationships that can be intensely personal. International human rights materials explicitly identify privacy, association, assembly, religion and expression as interconnected rights. This means that a single government measure, such as surveillance of a political organisation, can potentially engage several rights simultaneously rather than fitting neatly into one legal category.
The right to privacy also has implications for political participation. Citizens may be reluctant to associate with political organisations, communicate with journalists or participate in campaigns if they reasonably fear unjustified surveillance or disclosure of their personal information. Privacy can therefore help create the conditions for free political activity. At the same time, public officials and candidates may be subject to legitimate transparency requirements concerning matters such as conflicts of interest, public expenditure or qualifications for office. The existence of a privacy interest does not automatically prevent disclosure; the legal question is whether the interference is justified under the relevant rules and circumstances.
Privacy should be distinguished from secrecy. Information can be private without being secret in an absolute sense, and a person can have privacy interests even where some information about them is already publicly known. Similarly, the right to privacy does not necessarily mean that public authorities must never collect information or that public figures have no privacy rights. Legal systems commonly balance privacy against competing interests such as freedom of expression, public accountability, crime prevention and national security. The relevant assessment therefore considers the nature of the information, how it was obtained, why it is used, who can access it and what safeguards exist.
The practical protection of privacy depends heavily on safeguards against arbitrary interference. Important mechanisms can include clear legislation, independent oversight, judicial authorisation where required, data security, retention limits, access rights, remedies and effective review of intrusive measures. European human rights law treats respect for private and family life as a protected right and recognises that restrictions require justification. Privacy is consequently both a personal liberty and an institutional constraint on state power. Its importance has expanded as governments and other organisations have acquired increasingly powerful technological capabilities for observing, recording and analysing individual behaviour.
