Limitations on Your Rights to Privacy

 

 

LIMITATIONS ON THE RIGHTS TO PRIVACY

There are other constitutionally recognized exceptions when it comes to the right to privacy, just like any other fundamental human right. The additional exceptions include the following:

  • Security Agencies: I have stated previously that the security agencies are empowered by law to access the private correspondences or telephone conversations of a suspect during investigation. Hence, the security agencies, e.g., the Police, are entitled to access your correspondence and your telephone conversations in the course of an investigation.

The intelligence agencies e.g., the State Security Service (SSS) are also permitted under the law to tap into and/or record telephone conversations of persons suspected of committing or planning to commit a crime, e.g., a terrorist.

But, note that there are procedures for conducting any of the above breaches of people’s right to privacy. In most cases, the security agency concerned must have obtained court orders or warrants before they can carry out such acts. They cannot just embark upon such search arbitrarily or without authorization.

  • The Court: The court is empowered to order an access to the privacy of an individual if this will serve the best interest of justice. For instance, a court may issue search warrant to the Police to enable them go into the house where a crime is suspected of being, or have been, or is about to be committed. The court may also empower the seizure of properties of another if it will serve the best interest of justice.

 

Points To Note:

  • Every citizen has the right to private and family life.
  • Every citizen has the right to the privacy of his dwelling place.
  • Nobody has the right to disclose your medical and financial records to another without your consent and authority.
  • No one has the right to tap into your telephone or telegraphic communications or correspondences without your consent and authority.
  • No one has the right to film, record or show television footages of you without your express consent and authority.
  • Every citizen has a right to family life.
  • Please note that all the above stated rights are subject to certain exceptions permitted by the Constitution.