[雙語翻譯]隱私權外文翻譯--壓力下的隱私權

1、2500 英文單詞， 英文單詞，13500 英文字符，中文 英文字符，中文 4100 字文獻出處： 文獻出處：Jørgensen R F. The right to privacy under pressure[J]. Nordicom review, 2016, 37: 165-170.The Right to Privacy under PressureRikke Frank JørgensenToday we

2、are 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 offl

3、ine. 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, howev

4、er, 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

5、 and 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 b

6、y 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 information that can be tapped from the internet infrastructure an

7、d 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 i

8、s about the access of intelligence services to personal information, 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 pressurePrivacy is a human right according to the 1948 UN Universal Declaration of Human Rights. Article

12、12 of the Declaration stipulates that: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the p

13、rotection of the law against such interference or attacks.” A number of international conventions contain similar provisions to protect privacy, including the UN Covenant on Civil and Political Rights and the European Co

14、nvention on Human Rights. Moreover, the right to privacy is protected under the EU Charter on Fundamental Rights. The right to privacy is not absolute, but interventions must follow human rights standards, including stat

15、utory authority, and they must be necessary and proportional. The duty of states to protect privacy applies both offline and online, as stipulated in the first UN resolution on human rights on the internet in 2012 (UNHRC

16、 2012).The privacy standard has been subject to extensive research and elucidation, since the definitive article by Warren and Brandeis (1890), in which the right to privacy is defined as the right to be let alone. The d

17、ominant perspective has focussed on the right to privacy as the processing of personal data. The Data Protection Directive is based on the premise that specific types of data should be protected, i.e., information that d

18、irectly or indirectly can be traced to a person. This personal information may only be processed in relation to a predefined target; there must be proportionality between the objective and the data collected; as little d

19、ata as possible should be collected; the user should generally give his or her consent; and specific security regulations should be observed. However, the reality on the internet is that the complexity and amount of data

20、 collected is huge (and often a mixture of several types of data); data is collected across countries and very different contexts; the use of data is far wider than the original purpose; there are very different levels o

21、f security; there is poor transparency with regard to the practice of enterprises and authorities; and consent is granted as a requirement for using a given service rather than as a conscious choice. These factors challe

22、nge the effectiveness of the existing data protection rules, including the concept of control through consent. In addition, there are no common binding standards for data protection at the international level. The OECD’s

23、 guidelines for protection of privacy and transnational data flow (OECD, 1980/2013) are often referred to, but they are merely guidelines and not binding. The Council of Europe Convention no. 108 (CoE, 1981) represents o

24、ne of the first standards for the area, and like the EU regulations, it has undergone extensive revision, among other things to account for online services. Convention no. 108 is, however, only binding for member states

25、of the Council of Europe. At the global level, UN resolutions have confirmed that the right to privacy is under serious pressure in the online domain, and that states have an obligation to ensure that national legislatio

26、n and practices that intrude on the right to privacy meet the international human rights standards for the area (UN General Assembly Resolutions No. A/RES/68/167, 18 December 2013 and No. A/ RES/69/166, 18 December 2014)

27、. However, these resolutions are not binding and they focus primarily on government (not commercial) monitoring.A further challenge is linked to the fact that most of the infrastructure and basic services on the internet

28、 (technical infrastructure, information search, social network, etc.) are administrated by private companies, many of which are American. This poses a number of specific challenges with regard to enforcing EU legislation

29、 on personal data, as illustrated in the recent Schrems case concerning Facebook´s transfer of personal data of EU citizens’ to the United States. As a result of the case, the European Court of Justice on October 6,

30、 2015, invalidated the Safe Harbor arrangement, which governed data transfers between the EU and the United States (Maximillian Schrems v Data Protection Commissioner, Case C-362/14).The way forward?As mentioned in the i

31、ntroduction, there are different ideas as to how the right to privacy can be strengthened in the online domain. One principal player at the European level is the European Commission, which since 2011 has been working on

32、an extensive reform of the Data Protection Directive. In April 2016, the new Data Protection Regulation was finally adopted and will enter into force in all EU member states in 2018 (Regulation (EU) 2016/679 of the Europ

33、ean Parliament and of the Council of 27 April 2016). The Data Protection Regulation aims at a uniform level of data protection across member states, and includes a number of provisions to increase protection for individu

34、als, especially when using online services. For example, the requirements for consent have been strengthened, the possibility for extensive fines has been introduced for companies that violate the rules, and there are re