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1121 points xyzal | 1 comments | | HN request time: 0s | source
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Raed667 ◴[] No.45209593[source]
Unless there is a law that says that the fundamental right to privacy is protected then we're bound to repeat this ordeal every couple of years.
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BSDobelix ◴[] No.45209662[source]
Universal Declaration of Human Rights (1948):

No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks

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_ink_ ◴[] No.45209738[source]
It's also in the European Convention on Human Rights (ECHR). But that has a big loop whole.

Article 8: Right to privacy

1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

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blazarquasar ◴[] No.45211486[source]
They could have just left out Article 8. Its a “no interference by a public authority unless it want’s to.” “Well-being of the country”, “protection of health or morals” are terms that make this statute irrelevant and dependent on the current mood of the EU.

Privacy needs to be an absolute right. Any invasion of privacy of any individual is a violation of their rights and needs to be treated as such with actual repercussions following misconduct.

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1. avianlyric ◴[] No.45213697{3}[source]
You need some kind of carve out, otherwise how could you ever make search warrants and court ordered discovery demands legal?

Ultimately it’s the articles depend on the court judges to weigh the rights of the state against the rights of the individuals, when there isn’t a clear and obvious answer provided by the text.