The foot of the government on the drum of life/ Simin the wanderer.
Privacy, while seemingly simple, is considered one of the most controversial and difficult concepts in the field of law, and it is a concept that almost defies a single, uniform definition. This is despite the fact that in many legal cases, especially in the realm of human rights, lawyers have reached relatively clear and consistent definitions. The reason for this may be the existence of different cultures and social environments around the world, which have given different definitions to privacy, both in people’s minds and in domestic laws; although most countries lack a comprehensive law to protect privacy.
Some researchers in this field believe that even the definition of privacy differs among individuals. On the other hand, individuals like “Willie Fernando” consider the scope of this privacy to be so extensive that all human rights, dimensions, and aspects of privacy are considered.
Privacy violators.
Each of us definitely has a solitude that we will not share with anyone but ourselves and some others, or sometimes we prefer to remain anonymous in some matters and stay out of public view. No one other than our doctor or lawyer should know about our medical or legal records. We may write letters, notes, or diary entries during the day that we do not want anyone other than a specific recipient or recipients to read. We make online purchases with our credit cards and similar things.
Imagine that data of this kind, after being collected, which nowadays with the growth of technology, especially in the electronics sector, has taken a much simpler form, falls into the hands of someone other than yourself and your personal space becomes vulnerable and your rights are violated; the first scenario is that individuals violate each other’s privacy. In this case, many social systems have considered laws and authorities that one can seek refuge in and file a complaint against the violator and condemn them.
But the main problem is that privacy is not only violated by individuals. There is another type of violation that does not leave room for recourse and punishment, and that is the violation of privacy by the government and government organizations.
In such conditions, where “relative right” is considered and governments only defend a right that is in line with their goals of establishing order and justice, the right becomes a social obligation and a tool in the hands of governments. In order to determine misuse of the right, there is no specific criterion and it is up to the judge to determine whether the implementation of the right is in line with its social purpose or not. This also leads to the discussion of individual rights and the determination of whether granting a right is beneficial or harmful to society, falls into the hands of the legislator.
Nowadays, we are witnessing governments using various methods and tools such as installing CCTV cameras, using wiretapping systems, recording and tracking phone conversations, monitoring correspondence and postal packages, controlling internet communications, using body scanners and inspections at airports, using gates that display images of people without clothing, and tracking movements and activities through Bluetooth-equipped mobile phones. These actions have left no room for privacy and information security; in a way that if we had read George Orwell’s novel 1984 before, we could have imagined at least some parts of it. Now, the trap screens are scattered throughout the environments where we interact with them on a daily basis, closing the way to even that small imagination; as if we are truly present in the text of the book.
According to the report of the German news agency (Deutsche Welle), based on statistics provided by the International Privacy Ranking organization, government interference in individuals’ privacy is facing an upward trend every year. According to the statistics of this organization, in 2007, the United States, England, Russia, and the People’s Republic of China are the top four countries violating privacy, and Greece has the best situation in terms of privacy protection among countries in the world.
Governments’ concerns about increasing migration and border control are the most important indicators that the International Privacy Protection Organization has listed for monitoring government’s control over privacy. This means that being “human” is only a necessary prerequisite for being a “citizen” in order to enjoy rights. This prerequisite is immediately erased and loses its significance; meaning that in order to benefit from rights, one must not only be a human, but also a citizen.
In some countries, including America and Canada, in recent years people have been monitored through closed-circuit cameras equipped with facial recognition software in public places. This system can capture images of individuals in restaurants and other public places and match them with existing records to identify offenders.
In Iran, due to the lack of access to information, people have been most affected in terms of information and dignity. Apart from the fact that in recent years, the people of Iran have been subjected to numerous abuses through the dissemination of information, especially their private images and videos on the internet and mobile phones (which are often used by individuals against each other), the violation of privacy has become a major concern after the tenth presidential term, when the minds were more preoccupied than ever before. The Islamic Republic of Iran, in order to prevent the free flow of information, has interfered with the most private communications of individuals. Although the trend of violating such rights in Iran has been present in a different form, in the early 1990s, when the government decided to identify and condemn opponents, a plan called “Landlord and Tenant” was implemented. According to this plan, the landlord was required to provide information about their tenants to the government.
Government interference in the private affairs of individuals in Iran encompasses a wide range of actions; while according to Article 22 of the Constitution of the Islamic Republic of Iran, the dignity, life, property, rights, housing, and occupation of individuals must be protected from any violation, even the smallest matters such as not entering people’s homes at night and insulting and physically assaulting them during arrests are not taken into consideration. Furthermore, according to Article 23 of the Constitution, the inspection of beliefs is prohibited and no one can be accused or persecuted for holding certain beliefs. However, it is a clear violation of this principle that individuals are not allowed to freely choose their religion and faith.
Free circulation of information and disclosure of privacy violation.
In situations where intelligence organizations are striving to obtain a larger budget, they often use the excuse of defending national security, as previously described, to pressure governments. This is why the presence of free media, independent and non-governmental organizations, and human rights organizations, especially those with minimum standards, is crucial.
Recently, Edward Snowden, a former contractor for the US National Security Agency (NSA), released highly classified documents to the media regarding the extensive digital surveillance activities of the agency on the public. The first publication of these documents was made by The Guardian newspaper. Following this, James Robert Clapper, the Director of National Intelligence, confirmed that the US government has been collecting vast amounts of data from companies such as Google and Facebook for the purpose of identifying threats to national security for the past six years.
The Guardian newspaper has announced that in continuation of these revelations surrounding the controversial “Prism” project at the US National Security Agency, it has obtained highly classified documents showing that Microsoft, the owner of the popular Skype service, has provided the agency with the ability to spy on users’ text, audio, and video conversations on Skype. The release of these documents marks the end of the belief that conversations on Skype are secure and uncontrollable, a common misconception in the world that, according to these documents, has not been entirely true.
Edward Snowden, who has been accused by the US government of treason and leaking confidential documents, knew that this action would put his life, freedom, and even those around him in serious danger. In a note, he wrote: “I am willing to risk my entire life because I cannot allow the US government to trample on the privacy of individuals, freedom on the internet, and basic freedoms of people around the world with their extensive surveillance and control of communications that they have created and destroy them.”
Private section.
In work environments, companies are trying to exert more control over their employees through various methods such as monitoring and controlling the websites that employees visit, listening to phone conversations, installing CCTV cameras even in changing rooms and bathrooms, etc. in order to prevent the violation of individuals’ privacy with the various tools that the private sector uses today to expand its economic activities, without any restrictions or oversight from a regulatory authority.
This shows that since governments consider themselves representatives of the people and enforcers of the law, they also determine their own borders and what is and isn’t allowed in terms of violating their privacy. Ironically, the same governments that are major violators of privacy are, in a completely opposite manner, declaring the economy to be private and free, with the aim of seizing the means of production for a minority of society (or at least putting society in such processes), and taking into account a very wide range of powers for this sector.
Legal form of violation of rights.
Immediately after the attacks of September 11, 2001, bills known as the PATRIOT Act were introduced in the United States Congress and were passed with a high vote by representatives of the Senate and Congress. After being signed by then-president George W. Bush, it became a necessary and enforceable law. This law, which seriously violates the privacy of individuals, considers any court order regarding wiretapping as a national order, meaning that a court order issued by a court in one of the fifty states is enforceable throughout the country.
In reality, by integrating itself into the face of the police and using the excuse of maintaining security, it violates privacy and, relying on this matter, gives a legal appearance to its actions in order to achieve its goal of controlling all aspects of people’s lives more than ever before.
Sources.
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Katozian, Naser, Introduction to Jurisprudence, Joint Stock Company of Publication, 64th edition, Tehran 1387, page 318.
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Agamben, Giorgio, Useless Tools: Notes on Politics, translated by Omid Mehragan and Saleh Najafi, Cheshmeh Publishing, 2nd edition, Tehran 1390, page 31.
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Truth, unity, governments are the biggest violators of privacy, Etemad newspaper, issue 1853, published on January 27th, 2009.
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Holman, Carl, Respect for Privacy Rights in Relation to People’s Right to be Informed of Events, Media Journal, Issue 3, Tehran 1375.
Monthly magazine number 27 Privacy Simin Daytrip