PROF. NNENNA IFEANYI-AJUFO

NSLP 610

ONLINE PRIVACY AND DATA PROTECTION LAW

What data is about (Names). What does it mean to have data? Can data be property? What are the human and privacy rights on data? Regional and International perspectives on privacy and data rights.

Know: what data protection is, what privacy is (not traditional but as it pertains to digitization, cyberspace and online world): how how data protection and defence touches on national defence and security; electronic surveillance and privacy, privacy rights and rights of state to protect national security.emerging legal and regulatory issues, proportionality of privacy rights and business and state rights; duties, responsibilities and accountability of privacy and data protection.

Human rights changes as society changes, example right to privacy, right to data, animal rights, climate, LGBTQ+, an new evolving rights which didn't exist until after recently.

Write a 3,000 words essay.

International Law and Rights: Privacy and Human Rights

Privacy is the ability to safeguard or control one's information from other people. can there be absolute or total control of one's information? who can use, see or share it? The law has limits as to how one's data or information could be used under the data protection act.

On 5th July, 2012, the United Nations human rights Council approved resolution A/HRC/38/L.10 that the right to freedom of expression on the internet should be protected by state parties. "the same right that people have offline must also protected online".

Think of privacy as a human right. In the face of technology, are these human rights fundamental? The internet is not a respecter of rights. Rights are benefits and entitlements given by the state in recognition of duties and responsibilities towards the state. Privacy and data protection can therefore be said to be human rights once ascribed to a people by a state for protection in the online world.

Privacy is the right to be left alone. Human rights are rights accruing to us by virtue of being human. However, such rights are only as enforced and acknowledged by the state. Once human rights are understood this way, then evolving rights will evolve as human rights as society changes, although they are not available to all humans.

What is data? Data are in two forms, sensitive and the normal or personal data (name, date of birth, address, etc.) It is one thing to have privacy and data rights and another for the state to protect them. Are data and privacy rights fundamental and cannot be taken away? No right is fundamental practically, because at some point, a right may have to be taken away by the operation of law.

Article 12 of the universal Declaration of human rights (1948): No individual shall be subjected to our arbitrary interference with his privacy and everyone has The right to the protection of law against such interference.

Article 17 of International Covenant on Civil and Political Rights (1960): (1)no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence nor to unlawful attacks on his honour and reputation. (2) everyone has the right to the protection of the law against such interference or attacks.

The moment I sign up on a social media, does it mean I have given up my rights?

Read the case of JUSTICE K.S PUTTASWAMY (RETD.) & ANR. VS. UNION OF INDIA & ORS. (2017) also known as the right to privacy verdict, which overruled a ruling that there is no fundamental right to privacy under the Indian constitution.

Also read Mr. X V. HOSPITAL Z (1998) 8 SCC 296 which held that right to privacy is not an absolute right and may be restricted for the prevention of crime, disorder or protection of rights and freedoms of others.

Ghana has also ratified the Malabo convention