Expression And Privacy Principles
The Global Principles onProtection of Freedom ofExpression and Privacy
The Global Principles on Protection of Freedom of Expression and Privacy2017ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 2 of 30
The Global Principles on Protection of Freedom of Expression and PrivacyTable of contentsIntroduction . 4Preamble . 6Definitions of key terms . 8Section 1: General principles . 11Principle 1: Legal framework for the protection of rights . 11Principle 2: Limited scope of permissible restrictions . 12Principle 3: Legitimate purpose of privacy causes of action . 12Section 2: Freedom of expression and the right to privacy as mutually reinforcing rights . 14Principle 4: Communications surveillance . 14Principle 5: Mandatory data retention . 14Principle 6: Anonymity, mandatory user registration and real-name requirements . 14Principle 7: Encryption . 15Principle 8: Data disclosure by companies . 16Principle 9: Protection of sources . 16Principle 10: Search and seizure . 17Principle 11: Trans-border data flows . 17Section 3: Reconciling the right to freedom of expression and the right to privacy . 18Principle 12: Publication of personal information . 18Principle 13: Public figures. 19Principle 14: Open justice . 20Section 4: Reconciling freedom of expression, data protection and privacy . 21Principle 15: Protection of publicly available information. 21Principle 16: Requests to delete content authored and originally published by oneself . 21Principle 17: Requests to delete content published by third parties . 22Principle 18: Requests to be de-listed from search results . 22Principle 19: Data protection exemptions . 24Section 5: Reconciling the right to information, data protection and the right to privacy . 25Principle 20: General principles on the right to information . 25Principle 21: Maximum disclosure of personal information about public officials . 25Principle 22: Official records . 25Section 6: Remedies and sanctions . 27Principle 23: General principles . 27Principle 24: Criminal penalties . 27Principle 25: Pecuniary awards . 27Principle 26: Prior restraint, super injunctions, mandatory pre-moderation and notice prior topublication . 28Principle 27: Interim injunctions . 28Principle 28: Blocking injunctions . 29Principle 29: Intermediary liability and content removal . 29Principle 30: Blanket prohibitions on Internet access on grounds of privacy protection . 29Background . 30ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 3 of 30
The Global Principles on Protection of Freedom of Expression and PrivacyIntroductionFreedom of expression and privacy are mutually reinforcing rights – all the more so in the digital age.Both are essential foundations for open and democratic societies, and among the basic conditions forits progress, and for each individual’s self-fulfilment. For democracy, accountability and goodgovernance to thrive, freedom of expression and opinion must be respected and protected. Thesame is true of the right to privacy, which also acts as a powerful bulwark against state and corporatepower in the modern age.While freedom of expression is fundamental to diverse cultural expression, creativity and innovationas well as the development of one’s personality through self-expression, the right to privacy isessential to ensuring individuals’ autonomy, facilitating the development of their sense of self andenabling them to forge relationships with others.Privacy is also a pre-requisite to the meaningful exercise of freedom of expression, particularlyonline. Without privacy, individuals lack the space to think and speak without intrusion and todevelop their own voice. Without freedom of expression, individuals would be unable to developtheir sense of self. At the heart of the protection of these rights lies the respect for, and protectionof, human dignity and individuals’ ability to live freely and engage with one another.At the same time, one person’s right to freedom of expression may impinge on someone else’s rightto privacy and vice versa. This tension is exacerbated by digital technologies. Whilst they have beencentral to the facilitation of the exercise of freedom of expression and the sharing of information,digital technologies have also greatly increased the opportunity for violations of the right to privacyon a scale not previously imaginable. In particular, digital technologies present serious challenges tothe enforcement of the right to privacy and related rights because personal information can becollected and made available across borders on an unprecedented scale and at minimal cost for bothcompanies and states. At the same time, the application of data protection laws and other measuresto protect the right to privacy can have a disproportionate impact on the legitimate exercise offreedom of expression.These Principles were developed in order to provide a systematic analytical framework for assessingthe ways in which the rights to freedom of expression and privacy are mutually reinforcing, and fordetermining the permissible limits which can be placed on these rights where they are in conflict,both on and offline. In particular, the Principles seek to ensure that both of these fundamental rightsare effectively respected and protected in the digital age. As we demonstrate in these Principles,international law provides a framework to resolve tensions and maximise the enjoyment of bothrights. The Principles we set out here offer a progressive interpretation of international law and bestpractice in individual states, as reflected, inter alia, in national laws and the judgments of nationalcourts. They should be interpreted in the most favourable way for human rights.These Principles should neither be taken as foreclosing nor as approving restrictions designed toprotect other interests – including the protection of reputation by defamation laws – which deserveseparate treatment and are addressed in their entirety in a separate set of principles.It is our intention and hope that these Principles will be used by individuals, activists, campaigners,legal practitioners, intermediaries, judges, elected representatives, parliamentarians, and publicARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 4 of 30
The Global Principles on Protection of Freedom of Expression and Privacyofficials around the world as they seek to respect, protect, and fulfil the rights to freedom ofexpression and privacy.ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 5 of 30
The Global Principles on Protection of Freedom of Expression and PrivacyPreambleWe – individuals and organisations – who endorse and agree to these PrinciplesAffirming that the rights to freedom of expression and to privacy are among the essentialfoundations of an open and democratic society, and among the basic conditions for its progress andfor the enjoyment of other human rights and fundamental freedoms;Considering that the protection of the right to privacy is a necessary pre-condition for the meaningfulexercise of the right to freedom of expression and human development;Noting that individuals are much more likely to express controversial viewpoints or share sensitiveinformation in the knowledge that their anonymity and the privacy and security of theircommunications are protected, including through the use of anonymity, encryption, and othersecurity tools;Fully aware that the right to freedom of expression is also a necessary component of thedevelopment of individuals’ personality and identity;Considering that the rights to freedom of expression and privacy are therefore often mutuallyreinforcing rights;Taking note, however, that the right to freedom of expression and the right to privacy may in certaincircumstances come into conflict, including where privacy claims may be used without justification toprevent the dissemination of information about individuals in order to restrict reporting on mattersof public interest and to avoid public scrutiny, or deliberately mislead others;Recognising at the same time that the dissemination of private information without justification mayseriously infringe the right to privacy, particularly that of persons in situations of vulnerability;Desiring to promote a clear framework for the protection and promotion of both the rights tofreedom of expression and privacy where they are in conflict, especially online;Taking into account the relevant provisions of the Universal Declaration of Human Rights, theInternational Covenant on Civil and Political Rights, the African Charter on Human and Peoples’Rights, the American Convention on Human Rights, the European Convention on Human Rights andthe EU Charter of Fundamental Rights and Freedoms;Having regard to the UN Guiding Principles on Business and Human Rights (Ruggie Principles), theOECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, theInternational Principles on the Application of Human Rights to Communications Surveillance (TheNecessary and Proportionate Principles), the Johannesburg Principles on National Security, Freedomof Expression and Access to Information, the Global Principles on National Security and the Right toInformation (Tshwane Principles), the Revised Defining Defamation: Principles on the Freedom ofExpression and the Protection of Reputation, the Manila Principles on Intermediary Liability and theJoint Declaration on Freedom of Expression and the Internet of the UN Special Rapporteur onFreedom of Opinion and Expression, OSCE Representative on Freedom of the Media, OAS SpecialARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 6 of 30
The Global Principles on Protection of Freedom of Expression and PrivacyRapporteur on Freedom of Expression and ACHPR Special Rapporteur on Freedom of Expression andAccess to Information on 1 June 2011;Noting that nothing in these Principles should be interpreted as setting a lower threshold for theprotection of the rights to freedom of expression and privacy than that provided by relevantinternational and regional instruments;Bearing in mind that the dissemination of, and access to, information is a basic requirement to fosteraccountability and a society free of corruption, to promote access to knowledge, development andculture, which is the common heritage of all humankind, and which should be cherished, upheld, andmade accessible for the benefit of all;Recognising that the Internet is a global resource which should be managed in the public interest andthat digital technologies have greatly enhanced freedom of expression and access to informationwhilst, at the same time, posing great challenges to the protection of individuals’ right to privacy andto the protection of personal data;Concerned about the serious risks big data poses to the right to privacy and to the protection ofpersonal data, while noting the potential benefits of opening large data sets for society as a whole;Considering that data protection is essential to ensure that individuals are involved in decisionsconcerning their personal data and to ensure that states and companies that gather and recordpersonal data are transparent about the data they hold; follow fair and lawful processes on thecollection, use, retention and maintenance of security of that data; and ensure that personal datacollected for one purpose is not used for another;Aware that data protection legislation can be misused or abused to prevent, end or restrict thelegitimate public dissemination of accurate personal information in order to enable individuals tocontrol their reputation at the expense of freedom of information, the right to truth and the widerpublic interest;Call on all appropriate bodies at international, regional, national and local levels and on privateactors, to endorse, promote, respect, and apply these Principles in their policies and practices. Wealso recommend that they give effect to these Principles and engage in their dissemination,acceptance, and implementation at all levels.ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 7 of 30
The Global Principles on Protection of Freedom of Expression and PrivacyDefinitions of key termsFor the purposes of these Principles,a)The term confidential information means any information to which a “duty of confidence”applies. A duty of confidence is created when:i.Private information has been passed or disclosed in such a way that the person receivingthe information knew, or ought to have known, that the information was beingimparted on the basis of confidentiality; orii. When private information has been disclosed in circumstances where it is reasonable toexpect that the information will be held in confidence.Confidential information must not be used or disclosed without the explicit consent of theindividual concerned, absent a specific legal basis, or absent a robust public interest or legaljustification to do so;b)The term data controller means the natural or legal person which, alone or jointly with otherpersons, determines the purposes for which, and the manner in which, any personal dataare, or are to be, processed;c)The term data protection rights refers to the range of rights that individuals (data subjects)possess under data protection law. Data protect rights include but are not limited to the:i.Right to ensure that data is stored and processed lawfully (on the basis of consent orsome other lawful basis laid down by law), fairly and securely;ii. Right to know what personal data is held about them by controllers (right of access) andfor what purpose;iii. Right to seek to correct that data when it is inaccurate (right of rectification);iv. Right to demand that data be deleted when it is no longer necessary for the permittedpurpose, when it is irrelevant or out-of-date, when consent has been withdrawn andthere is no other lawful basis, when the data has been unlawfully processed, or when ithas been made public without justification (right to erasure);v. Right to receive one’s personal data from a data controller for the purpose of changing aservice (data portability); andvi. Right to object to the processing of data for particular purposes, including for directmarketing and profiling, where certain conditions apply (right to object).ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 8 of 30
The Global Principles on Protection of Freedom of Expression and Privacyd)The term informed consent in the context of data protection means an individual’s freelygiven agreement (not obtained under duress, coercion, or by fraud), based on adequateknowledge and understanding of information relevant to the processing of his/her personaldata. The individual giving consent must be informed about the purpose of the datacollection, processing or use of the data, and the consequences of a refusal to give consent ifnecessary or if the individual so requests. The consent must be referenced to a clearlydetermined processing; to the extent sensitive personal data are concerned the consentobtained must refer explicitly to such sensitive personal data;e)The term journalism refers to the function of regularly or professionally engaging in thecollection and dissemination of information to the public via any means of masscommunication. It involves but is not limited to the collection (research, interviews orfreedom of information requests) and production (including writing, data analysis, andverifying material) of information. It can also include editorial, publication or broadcastactivities, and management of standards (including staff training, management, andsupervision);f)The term personal data means any information relating to an identified or identifiablenatural person; an identifiable natural person is one who can be identified directly orindirectly, in particular by reference to an identifier or to one or more factors specific to hisor her physical, physiological, mental, economic, cultural, or social identity;g)The term principle of maximum disclosure refers to a presumption that all information heldby public bodies should be subject to disclosure and that this presumption may be overcomeonly in very limited circumstances;h)The term public interest encompasses matters in which the public has an interest or concernof being informed. This includes, but is by no means limited to, information about mattersthat affect the functioning of the state, public officials and public figures, politics, publichealth and safety, law enforcement and the administration of justice, the protection ofhuman rights, consumer and social interests, the environment, economic issues, the exerciseof power, art and culture, or matters that affect general interests or entail majorconsequences;i)The term public figure means an individual engaged in public life. It includes leaders of statesand elected representatives, public officials, business leaders, people in the public eye whohave a platform as a result (including “celebrities”) or individuals engaged in a public interestactivity or performing a public function;j)The term public authority means any natural or legal person exercising administrativeauthority, or holding public responsibilities or functions, or providing public services, oroperating with substantial public funds for public matters;k)The term request to be de-listed means a remedy that enables individuals to request to bede-listed from search results produced on the basis of a search term which includes theirname. This remedy has been derived from the “right to erasure” under data protection lawby some international and domestic courts and is sometimes inaccurately referred to as “theright to be forgotten”;ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 9 of 30
The Global Principles on Protection of Freedom of Expression and Privacyl)The term right to truth means the right to seek, receive and impart information about humanrights violations. It is a collective right drawing upon history, recent or current events toprevent violations from recurring in the future. Its corollary is a “duty to remember”, whichthe state must assume, in order to guard against the perversions of history that go under thenames of revisionism or negationism. States have a corresponding obligation to facilitate theuncovering of information about human rights violations, whether past or present,particularly where violations have occurred on a large, systematic scale and entire societiesneed to come to terms with the events which occurred;m)The term sensitive personal data means personal data consisting of information relating tothe data subject with regard to racial or ethnic origin; political opinions; religious beliefs orother beliefs of a similar nature; trade union membership and membership in otherassociations; physical or mental health or condition; sexual life, sexual orientation, genderidentity or expression; genetic data; biometric data for the purpose of uniquely identifying anatural person; the commission or alleged commission by the data subject of any offence; orany proceedings for any offence committed, or alleged to have been committed, by the datasubject, the disposal of such proceedings or the sentence of any court in such proceedings;n)The term search engines refers to software programs that use sophisticated algorithms toretrieve data, files or documents from a database or network in response to a query. Theinformation retrieved is usually indexed and presented as a series of hyperlinks on awebpage;o)The term social media platforms refers to platforms the distinctive feature of which is thatthey encourage individuals to connect and interact with other users and to share content;p)The term substantial harm means actual, or substantial risk of, physical harm, severe mentaldistress or anguish, loss of, or detriment to, employment. Mere embarrassment ordiscomfort and potential loss of business or job prospects are not sufficient to qualify assubstantial harm;q)The term web hosting providers or hosts refers to bodies (typically companies) that rent webserver space to enable their customers to set up their own websites;r)The term persons in situations of vulnerability is used to describe persons whose particularsocial location in society more broadly and within the community renders them at aparticularly high risk of physical or emotional harm. Persons in situations of vulnerabilityinclude, but are not limited to, children, elderly, persons with disabilities, the recentlybereaved, the seriously ill or persons who face discrimination based on their gender, orsexual orientation or gender identity.ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 10 of 30
The Global Principles on Protection of Freedom of Expression and PrivacySection 1: General principlesPrinciple 1: Legal framework for the protection of rightsStates should ensure that the right to freedom of opinion and expression, the right to informationand the right to privacy are enshrined in domestic constitutional provisions or their equivalent, inaccordance with international human rights law. Domestic legislation should include that everyonehas:a)The right to freedom of expression, which includes the freedom to seek, receive and impartinformation and ideas of all kinds, regardless of frontiers, either orally, in writing or in print,in the form of art, or through any other media or other platforms of his or her choice. Theright to freedom of expression includes the right to offend, criticise, comment or talk aboutothers, including on aspects of their private life, which are either private or known to thepublic, without their consent;b)The right to hold an opinion without interference or limitations as defined under Principle 2;c)The right to information, which includes the right of everyone to seek, receive, use, andimpart information held by or on behalf of public authorities, or to which public authoritiesare entitled by law to have access, and information held by private bodies exercising publicfunctions and required for the exercise or protection of any right or fundamental freedom;d)The right to privacy, which includes the right of individuals to respect for their private andfamily life, home, and communications and the right to the protection of the law againstarbitrary or unlawful interference or attacks against them. The right to private life extends toaspects relating to personal identity, such as a person’s name, images, or physical and moralintegrity; it is primarily intended to ensure the development, without outside interference, ofthe personality of each individual in his/her relations with other human beings;1e)The right to personal data protection, which may be derived from, and be related to, theright to privacy; and which regulates the way in which information about individuals, whichmay be either private or public, is collected, processed, stored and retained electronically byboth public and private bodies. Personal data must be processed lawfully and fairly forspecified purposes and on the basis of the informed consent of the person concerned, orsome other legitimate basis laid down by law. Without prejudice to the applicability of dataprotection rights under this Principle, personal information may be processed without theconsent of the individual if the information is publicly available. Everyone should have theright of access to data held by third parties (data controllers) concerning him or her, and theright to have it rectified or deleted, subject to legitimate exceptions.1This provision should not be used to prevent states providing full protection of rights as provided for by Article 18 of theInternational Covenant on Civil and Political Rights.ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – 44 20 7324 2500Page 11 of 30
The Global Principles on Protection of Freedom of Expression and PrivacyPrinciple 2: Limited scope of permissible restrictions2.1.States should ensure that domestic constitutional or legal provisions clearly set out the scopeof permissible restrictions on the rights and freedoms set forth in these Principles. Statesshould provide that such restrictions may only be justified if they are:a) Provided by law: any restriction must have a formal basis in law, which is accessible andformulated with sufficient precision to enable individuals to foresee whether a particularaction is in breach of the law and to assess the likely consequences of any breach;b) In pursuit of a legitimate aim: any restriction must be shown by the state to have thegenuine purpose and demonstrable effect of protecting a legitimate aim recognised underinternational law, which includes the rights and freedom of others;c) Necessary and proportionate in pursuance of a legitimate aim: any restriction is necessaryand proportionate in a democratic society if it is the least restrictive means available forprotecting that interest; andd) Restrictions on the right to hold an opinion (as provided for in Principle 1b) are neverpermitted.2.2.States should ensure that domestic legislation provides for sufficient safeguards andremedies against abuse, including prompt, full and effective scrutiny, by an independentcourt, tribunal or other independent adjudicatory body of the validity of the restriction.2.3.States must not merely abstain from interfering with the rights and freedoms set forth inthese Principles, they also have positive obligations to protect them, including frominterference by third parties.2.4.Private actors should respect the rights and freedoms set forth in these Principles, includingthe limited scope of permissible restrictions on them as provided herein.Principle 3: Legitimate purpose of privacy causes of actionStates should recognise and give effect to the following:a)Laws providing for privacy offences and/or torts may constitute legitimate restrictions on theright to freedom of expression if they are sufficiently clear and narrowly defined and theirgenuine purpose and demonstrable effect is to protect individuals from unlawfulinterferences in, or attacks on, their right to private and family life, home andcommunications;b)Laws protecting individuals from substantial harm, including but not limited to harassment,threats of violence, the malicious
International Principles on the Application of Human Rights to Communications Surveillance (The Necessary and Proportionate Principles), the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, the Global Principles on National Security and the Right to Information (Tshwane Principles), the Revised .
Content Expression and purification of proteins using 6xHistidine-tag 3 Content 1 Introduction 4 1.1 His-tag/Ni-NTA system 4 1.2 Ni-NTA Resins 4 2 Expression 9 2.1 Expression in E. coli with the tet-system (pASG-IBA vectors) 9 2.2 Expression with other systems 11 2.3 Trouble shooting - Expression 11 3 Preparation of E. coli cell lysates 12 3.1 Preparation of cleared lysate after cytoplasmic .
Vector are conveniently included in the ExpiSf Expression System Starter Kit for expression of your gene of interest in ExpiSf9 cells. pFastBac 1 Expression Vector pFastBac 1 Expression Vector is a non-fusion donor plasmid that is used to clone your gene of interest using restriction enzyme digestion and ligation. Gene expression
AQA GCE Biology A2 Award 2411 Unit 5 DNA & Gene Expression Unit 5 Control in Cells & Organisms DNA & Gene Expression Practice Exam Questions . AQA GCE Biology A2 Award 2411 Unit 5 DNA & Gene Expression Syllabus reference . AQA GCE Biology A2 Award 2411 Unit 5 DNA & Gene Expression 1 Total 5 marks . AQA GCE Biology A2 Award 2411 Unit 5 DNA & Gene Expression 2 . AQA GCE Biology A2 Award 2411 .
Expression Design is part of Microsoft Expression Studio, which is an integrated group of applications that, in addition to Expression Design, includes the following: O Expression Blend. A professional design tool used to create engaging, Web-con-nected multimedia experiences for Windows. O Expression Web. A professional design tool used to .
marketplace activities and some prominent examples of consumer backlash. Based on knowledge-testing and attitudinal survey work, we suggest that Westin’s approach actually segments two recognizable privacy groups: the “privacy resilient” and the “privacy vulnerable.” We then trace the contours of a more usable
U.S. Department of the Interior PRIVACY IMPACT ASSESSMENT Introduction The Department of the Interior requires PIAs to be conducted and maintained on all IT systems whether already in existence, in development or undergoing modification in order to adequately evaluate privacy risks, ensure the protection of privacy information, and consider privacy
The DHS Privacy Office Guide to Implementing Privacy 4 The mission of the DHS Privacy Office is to preserve and enhance privacy protections for
ASTM E 989-06 (2012), Classification for Determination of Impact Insulation Class (IIC) ASTM E 2235-04 (2012) Standard Test Method for Determination of Decay Rates for Use in Sound Insulation Test Methods: Test Procedure. All testing was conducted in the VT test chambers at Intertek-ATI located in York, Pennsylvania. The microphones were calibrated before conducting the tests. The airborne .
