Privacy and surveillance

Freedom of expression and privacy can be seen as two sides of the same coin. On the one hand, they are mutually reinforcing rights: both are essential foundations for open and democratic societies and individual self-fulfillment. Both act as powerful bulwarks against state and corporate power in the modern age. Privacy is also an essential pre-requisite to the meaningful exercise of freedom of expression, as people are much more likely to express themselves freely in the knowledge that their communications are private and secure. For this reason, governments’ mass surveillance powers are not only a gross invasion of privacy but also have a significant chilling effect on freedom of expression.

On the other hand, freedom of expression and privacy can be in conflict. One person’s expression may impinge on someone else’s privacy and vice versa. This tension is exacerbated by digital technologies, as personal information can be collected and made available across borders on an unprecedented scale and at minimal cost for both companies and states in the digital era. At the same time, the application of data protection laws and other measures to protect the right to privacy can have a disproportionate impact on the legitimate exercise of freedom of expression.