Bridging the gap between individual privacy and public security

Abstract

This article outlines the concept and origin of privacy law as it is applied today in various jurisdictions around the world. It then provides examples of governmental intervention affecting the privacy rights of individuals and critically examines their suitability and proportionality in light of the environment in which they operate. Balancing the interest of an individual’s privacy against the often legitimate concerns of a government for public order requires legislators to implement laws which provide an appropriate balance between these two competing interests. Throughout the article varying approaches in setting boundaries for privacy laws are analysed and improvements suggested. Furthermore the privacy challenges created in the online world are addressed and current developments highlighted.