Right to Privacy and Transparency

The right to protection of the law from unlawful interference with the privacy of an individual and transparency is enshrined in the International Covenant on Civil and Political Rights. It is also protected under the U.S. Constitution and U.S. laws (Mayes, 2010). The Fourth Amendment also protects U.S. citizens from illegitimate searches and seizures by the law enforcement officers at both states and federal levels. For example, in "Rakas v. Illinois, case, the supreme court discovered that Rakas was merely a passenger, and did not own the vehicle that was being searched (Kentucky Justice & Public Safety Cabinet, 2001). Hence the supreme court concluded his privacy did not interfere since he was not the owner of the vehicle that was being searched (Kentucky Justice & Public Safety Cabinet, 2001).

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Privacy encompasses the safeguard of individual freedom, and the relationship between the individual, and the society. Privacy rights are important in protecting an individual's ability to construct ideas, and personal relationships (Mayes, 2010). Privacy rights are also significant elements in enhancing the freedom of citizens from unwarranted intrusions.

Transparency through open access to information is important as it augments accountability (Wyeth, 2017). Enhances decision-making in the government increases public trust in government projects, and Enhances inclusivity, and participation in government projects and decision making (Wyeth, 2017).

The crucial factors that often help in discovering whether there is an infringement in the right to privacy and transparency include; whether the data is sensitive personal data. Whether there is any legal interest in the public having access to the data (Wyeth, 2017). The probable consequences of disclosing personal information to the general public (Wyeth, 2017).

Data collection via hacking, surveillance, and communication interception permits the government to collect a lot of information from the common citizens (Morozov, 2013). It limits freedom of speech, and expression since communication is being monitored. It is a contemporary problem that affects rights to privacy and transparency.

References

Morozov, E. (2013). The real privacy problem. Technology Review, 116(6), 32-43. Retrieved from: https://www.idiap.ch/~gatica/teaching-csm/2014/reading-sessions/reading-session-05/yuan-slides.pdfKentucky Justice & Public Safety Cabinet. (2001). Rakas v. Illinois Case Brief. Retrieved from: https://casetext.com/analysis/rakas-v-illinois-case-brief

Mayes, G. R. (2010, March). Privacy and transparency. In 2010 AAAI Spring Symposium Series. Retrieved from: https://pdfs.semanticscholar.org/4ea4/6c1d8106b1032a39d7ca24f2e0bb32a90605.pdf

Wyeth, L. (2017). Balancing Transparency and Privacy. 1-4. Retrieved From: file:///C:/Users/User/Downloads/Balancingtransparencyandprivacy-LynnWyethPDPFreedomofInformationJournalvol13issue4%20(1).pdf