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The Right to Privacy in Lebanon

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The Right to Privacy in Lebanon Universal Periodic Review Stakeholder Report: 23rd Session, Lebanon The Right to Privacy in Lebanon Submitted by Privacy International, Social Media Exchange and the Association for Progressive Communication The Right to Privacy in Lebanon Stakeholder Report Universal Periodic Review 23rd S e s s io n - L e b a n o n Subm itted by Privacy International, Social M edia Exchange and th e Association for Progressive Comm unication March 2015 In tro d u c tio n 1.This stakeholder report is a subm ission by Privacy International,Social Media Exchange and Association for Progressive Com m unication. Privacy International (PI) is an international hum an rights organisation that works to advance and prom ote the right to privacy around the world. TheSocial Media Exchange (SMEX)is a registered Lebanese nonprofit that conducts tra in in g , re s e a rc h , a n d a d v o c a c y o n s tra te g ic c o m m u n ic a tio n s a n d h u m a n rig h ts in th e d ig ita l era. The Association for Progressive Comm unication (APC) is a n in te rn a tio n a l o rg a n iza tio n and network w ith EC O SO C Status. Its m ission is to em pow er and support organizations, social m ovem ents and individuals in and through the use of inform ation and com m unication te c h n o lo g ie s . 2.Together PI,SM EX a n d A P C w is h to b rin g th e ir c o n c e rn s a b o u t th e p ro te c tio n a n d p ro m o tio n of the right to privacy in Lebanon before the Hum an Rights C ouncil for consideration in Lebanon’s upcom ing review. The right to privacy 3.Privacy is a fundam ental hum an right, enshrined in num erous international hum an rights in s tru m e n ts .1 It is central to the protection of hum an dignity and form s the basis of any dem ocratic society. It also supports and reinforces other rights, such as freedom of expression, information and association. The right to privacy em bodies the presum ption that in d iv id u a ls s h o u ld h a v e a n a re a o f a u to n o m o u s d e v e lo p m e n t, in te ra c tio n a n d lib e rty , a “private sphere” with or without interaction with others, free from arbitrary State intervention and from excessive unsolicited intervention by other uninvited individuals.2 4.Activities that restrict the right to privacy, such as surveillance and censorship, can only be ju s tifi e d w h e n th e y a re p re s c rib e d b y la w , n e c e s s a ry to a c h ie v e a le g itim a te a im , a n d proportionate to the aim pursued.3 5.As innovations in information technology have enabled previously unimagined forms of collecting, storing and sharing personal data, the right to privacy has evolved to encapsulate State obligations related to the protection of personal data.4 A num ber of international 1 Universal Declaration of Human Rights Article 12, United Nations Convention on Migrant Workers Article 14, UN Convention of th e P ro te c tio n o f th e C h ild A rtic le 1 6 , In te rn a tio n a l C o v e n a n t o n C ivil a n d P o litic a l R ig h ts , In te rn a tio n a l C o v e n a n t o n C ivil a n d Political Rights Article 17; regional conventions including Article 10 of the African Charter on the Rights and Welfare of the Child, Article 11 of the American Convention on Human Rights, Article 4 of the African Union Principles on Freedom of Expression, Article 5 of the American Declaration of the Rights and Duties of Man, Article 21 of the Arab Charter on Human Rights, and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedom s; Johannesburg Principles on National Security, Free Expression and Access to Information, Cam den Principles on Freedom of Expression and Equality. 2 Martin Scheinin, Report of the Special Rapporteur on the promotion and protection of human rights and fu n d a m e n ta l fre e d o m s w h ile c o u n te rin g te rro rism , 2 0 0 9 , A /H R C /1 7 /3 4 . 3 Universal Declaration of Human Rights Article 29; General Comment No. 27, Adopted by The Human Rights Committee Under Article 40, Paragraph 4, Of The International Covenant On Civil And Political Rights, CC PR/C/21/Rev.1/Add.9, November 2, 1999; see also M artin Scheinin, “Report of the Special Rapporteur on the prom otion and protection of human rights and fu n d a m e n ta l fre e d o m s w h ile c o u n te rin g te rro rism ,” 2 0 0 9 , A /H R C /1 7 /3 4 . 4 Human Rights Committee general comment No. 16 (1988) on the right to respect of privacy, family, home and correspondence, and protection of honour and reputation (art. 17). in s tru m e n ts e n s h rin e d a ta p ro te c tio n p rin c ip le s , 5 and many domestic legislatures have in c o rp o ra te d s u c h p rin c ip le s in to n a tio n a l la w . 6 Follow up to the previous UPR 6.There was no mention of the right to privacy and data protection either in the National Report subm itted by Lebanon or in the report of the W orking G roup. 7.However, at the last review, Armenia submitted a recommendation to Lebanon on guaranteeing freedom of expression w hich read,“C ontinue to guarantee freedom of expression7 c re a tin g a d d itio n a l c o n d itio n s fo r its fu lfi lm e n t.” 8 Domestic laws and regulations related to privacy 8.Article 14 of the Lebanese Constitution does ensure the inviolability of the hom e: “The citizen's place of residence is inviolable. N o one m ay enter it except in the circumstances and manners prescribed by Law.” 9.Articles 8 and 13 of the Constitution indirectly protect the right to privacy9 w ith the fo rm er guaranteeing individual liberty and the latter freedom of expression. It had been interpreted th a t th e s e la w s in c lu d e th e s e c re c y o f a ll m e a n s o f c o m m u n ic a tio n s , b o th m a il a n d te le p h o n e calls.10 10.The Law No. 140 related to the protection of secrecy of com m unications carried out by all means of communication, stipulates that the right to secrecy of communications, both in te rn a l a n d e x te rn a l, b y a ll m e a n s w ire d o r w ire le s s (la n d lin e s a n d m o b ile o f a ll ty p e s in c lu d in g m o b ile te le p h o n e , fa x , e le c tro n ic m a ils ) is g u a ra n te e d a n d p ro te c te d b y la w a n d cannot be subjected to any forms of tapping, surveillance, interception or violation except in th e c a s e s , a n d b y th e m e a n s a n d p ro c e d u re s , p re s c rib e d b y la w . A rtic le 9 8 o f th e L e b a n e s e Code of Civil Procedures regulates the regime applicable to search and seizures. 11.Whilst there is no data protection framework in place, various laws protect personal data including, Article 2 of the Banking Secrecy Law of Septem ber 3, 1956 (the Banking Secrecy Law ), and the penal code under Article 579, 580 and 581 relating to the violation of secrets, Article 7 of the Code of M edical Ethics (Law no. 288 of February 22, 1994) protects the confidentiality of physician and patients relationships, and Articles 51 and 58 of the Consumer Protection Code (Law no. 659 of 4 February 2005) says that suppliers must not disclose data without the consent of the consum er.
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