logoalt Hacker News

triskayesterday at 8:46 PM5 repliesview on HN

Quoting from the Charter of Fundamental Rights of the European Union, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12... :

"Article 7

Respect for private and family life

Everyone has the right to respect for his or her private and family life, home and communications.

Article 8

Protection of personal data

1. Everyone has the right to the protection of personal data concerning him or her.

2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

3. Compliance with these rules shall be subject to control by an independent authority."


Replies

narmiouhyesterday at 8:59 PM

It clearly states here in 2 “consent of the person concerned OR some other legitimate basis laid down the law”, any random law will trump personal consent

show 3 replies
blksyesterday at 9:10 PM

I feel we need something much more strongly worded to protect our mail, paper or electronic, messages and other communications from being read, not just “respect”.

show 1 reply
einpoklumyesterday at 9:36 PM

Let's parse this a little.

Article 7 codifies "respect for [one's] private life" and "respect for [one's] private communications". Well, "respect" is a vague notion. This does not clearly imply that the government is not allowed to read your communications, or otherwise spy on you, if it believes it has good reason. It will do so "respectfully", or supposedly minimize the intrusion etc.

As for article 8: Here it is "protection of personal data" and "fair processing". It does not say "protection from government access"; and "processing" is when the government or some other party already has your data. In fact, as others point out, even this wording has an explicit legitimization of violation of privacy and 'protection' whenever there is a law which defines something as "legitimate basis" for invading your privacy.

You would have liked to see wording like:

* "Privacy in one's home, personal life, communications and digital interactions is a fundamental right."

* "The EU, its members, its bodies, its officers and whoever acts on its behalf shall not invade individuals' privacy."

and probably something about a non-absolute right to anonymity. Codified exceptions should be limited and not open-ended.

show 1 reply
petermcneeleyyesterday at 8:55 PM

You know that those pieces of paper mean nothing.

show 4 replies