Right To Privacy/Family Life

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Foreign Surveillance and Human Rights, Part 1: Do Foreigners Deserve Privacy?

This post is part of a series: Intro, Part 2, Part 3, Part 4, Part 5. One robust feature of US legal discourse is an emphasis on citizenship as a basis for fundamental rights. This is true not only of case law (viz. the US Supreme Court’s holding in Verdugo-Urquidez, dealing with a search by US agents of a Mexican national’s property in Mexico, that non-resident aliens are not protected by the Fourth Amendment to the US Constitution), but also of public debate more generally, which frequently starts from the assumption that citizens naturally have constitutional rights, whereas foreigners do not. But while this kind of citizenship discourse is especially prominent in the US, it is by no means confined to it. Notably, the statutes regulating surveillance powers in all of the Five Eyes countries frequently make distinctions between eavesdropping on citizens (and perhaps permanent residents) versus non-citizens, as well as surveillance that takes place in or outside the state’s territory. Under these statutory frameworks non-citizens…

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Foreign Surveillance and Human Rights: Introduction

The past few weeks have seen increasing discussions of how human rights treaties might apply to mass electronic surveillance programs as run e.g. by the NSA and GCHQ or the agencies of the other ‘Five Eyes’ countries. Indeed, the already is or soon will be pending litigation challenging the compatibility of these…

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Interference-Based Jurisdiction Over Violations of the Right to Privacy

Carly Nyst is Head of International Advocacy at Privacy International, a London-based human rights organisation. The recent revelations of global surveillance practices have prompted a fundamental re-examination of the role and responsibility of States with respect to cross-border surveillance. The patchwork of secret spying programmes and intelligence-sharing agreements implemented by parties to…

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Surveillance Without Borders? The Unlawfulness of the NSA-Panopticon, Part I

Introduction: The draft GA resolution on privacy on the Internet At the end of October 2013, a draft General Assembly resolution calling for the right to privacy on the Internet was sponsored by Brazil and Germany. (photo: a panopticon, credit) The draft resolution reaffirms the human right to…

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In Defence of a More Sophisticated and Nuanced Approach To Abortion: A Response to Gregor Puppinck

Rumyana Grozdanova, Alice Panepinto and Konstantina Tzouvala are PhD Candidates at Durham University Law School, UK. The primary purpose of this response is to re-evaluate the jurisprudence of the European Court of Human Rights (“the Court”) on abortion, which we found to be misrepresented in Mr Puppinck’s…

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