[雙語翻譯]隱私權(quán)外文翻譯--壓力下的隱私權(quán)（英文）

1、165Jørgensen, Rikke Frank (2016). The Right to Privacy under Pressure. Nordicom Review, 37(special issue): 165-170. doi:10.1515/nor-2016-0030The Right to Privacy under PressureRikke Frank JørgensenToday we are

2、 facing something of a paradox with regard to our right to privacy. On the one hand, the international human rights system has never been clearer in its message that the right to privacy applies online as well as offline

3、. This message has been confirmed in UN resolutions, by the UN High Commissioner for Human Rights, the Council of Europe, the European Court of Human Rights, the European Court of Justice etc. On the other hand, however,

4、 there are very few possibilities to enforce the right to privacy on the internet. Data is collected from a large number of public and private players across national borders; there is a very limited idea of the scope an

5、d little control with regard to this data collection; users routinely give their consent to allow their data to be collected; and privacy policies are hard to access and are only read by a minority of users. The leak by

6、Edward Snowden of documents from the US intelligence service, which started in the summer of 2013, has illustrated the amount and scope of the personal infor-mation that can be tapped from the internet infrastructure and

7、 online services. Snowden’s revelations led to the adoption of the first UN resolution on the right to privacy in the digital age (UN General Assembly Resolution No. A/RES/68/167) on 18 December 2013. The Snowden case is

8、 about the access of intelligence services to personal informa-tion, but the current challenges for the right to privacy are much broader. Basically, the challenges relate to the fact that personal information is increas

9、ingly being considered as a commercial raw material, and that today there are unprecedented possibilities to harvest and exchange this raw material (Mayer-Schönberger Lane et al. 2014; Matzner 2014). In this contex

10、t there is a close link between the nature of the media (digital), the use of personal information and the challenges these pose to privacy. The following is a brief account of the current challenges facing the right to

11、privacy, a summary of the regulatory framework and a couple of ideas for possible solutions.Right to privacy under pressure Privacy is a human right according to the 1948 UN Universal Declaration of Human Rights. Articl

12、e 12 of the Declaration stipulates that: “No one shall be subjected to arbi-trary interference with his privacy, family, home or correspondence, nor to attacks upon 167Rikke Frank Jørgensen The Right to Privacy unde

13、r PressureIn addition, the internet is characterised by a radical heterogeneity comprising a myriad of social and commercial practices that in many contexts have blurred borders with regard to the public and/or the priva

14、te. For many, social media represent a social infrastructure, but they are also commercial services which survive by selling adver-tisements based on users’ preferences, identified through their shopping patterns and inf

15、ormation which users disclose about themselves. In other words, information which users disclose in one context (social interaction with friends) is used in another context (targeted advertising based on users’ behaviour

16、 and preferences). The widespread use of social media means that contexts that have traditionally been separate (home/work, school/leisure, private communication/public disclosure, social sphere/commercial sphere) are in

17、creasingly melting together (Marwick 2012: 379). These characteristics are challenging protection of privacy on the internet, and the associated legislation on processing personal data, on several fronts. Since 1995, EU

18、Member States have been bound by the EU Data Protection Directive (95/46/EC), which imposes requirements on both public and private enterprises with regard to the processing of personal data. The Data Protection Directiv

19、e is based on the premise that specific types of data should be protected, i.e., information that directly or indirectly can be traced to a person. This personal information may only be processed in relation to a predefi

20、ned target; there must be proportionality between the objective and the data collected; as little data as possible should be collected; the user should generally give his or her consent; and specific security regulations

21、 should be observed. However, the reality on the internet is that the complexity and amount of data collected is huge (and often a mixture of several types of data); data is collected across countries and very different

22、contexts; the use of data is far wider than the original purpose; there are very different levels of security; there is poor transparency with regard to the practice of enterprises and authorities; and consent is granted

23、 as a requirement for using a given service rather than as a conscious choice. These factors challenge the effectiveness of the existing data protection rules, including the concept of control through consent. In additio

24、n, there are no common binding standards for data protection at the international level. The OECD’s guidelines for protection of privacy and transnational data flow (OECD, 1980/2013) are often referred to, but they are m

25、erely guidelines and not bind-ing. The Council of Europe Convention no. 108 (CoE, 1981) represents one of the first standards for the area, and like the EU regulations, it has undergone extensive revision, among other th

26、ings to account for online services. Convention no. 108 is, however, only binding for member states of the Council of Europe. At the global level, UN resolutions have confirmed that the right to privacy is under serious

27、pressure in the online domain, and that states have an obligation to ensure that national legislation and practices that intrude on the right to privacy meet the international human rights standards for the area (UN Gene

28、ral Assembly Resolutions No. A/RES/68/167, 18 December 2013 and No. A/RES/69/166, 18 December 2014). However, these resolutions are not binding and they focus primarily on government (not commercial) monitoring. A furthe

29、r challenge is linked to the fact that most of the infrastructure and basic services on the internet (technical infrastructure, information search, social network, etc.) are administrated by private companies, many of wh