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How to balance Right to Privacy and Search and Seizure
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How to balance Right to Privacy and Search and Seizure
INTRODUCTION
The right to privacy and the concept of search and seizure are areas that invoke a passionate debate in the legal arena. It often pits individual rights to privacy against the state’s responsibility to ensure security and public safety. Consequently, it is essential to ascertain how these two concepts can be balanced with respect to due process and protection of public interest.
LEGAL PROVISIONS
- Quartering Act, 1765
- USA
- NEPAL
- INDIA
CASE LAW/ STUDIES
The case law of the United States and other countries have been important to the development of an equitable balance between privacy and search and seizure rights.
- Katz v. United States
- Terry v ohio
- Riley v. California
SCHOLARLY OBSERVATIONS
A report published by OHCHR titled the right to privacy in digital age recommends 3 part test to balance right to privacy and search and seizure:
1. Lawfulness
2. Legitimacy
3. Neccessity
GOOD PRACTICE EXAMPLE
- United States (U.S.)
- European Union (EU)
- Canada
Conclusion and Suggestion
- Require a warrant for all searches and seizures
- Limit the scope of government searches
- Use technology to protect privacy
- Create a privacy impact assessment (PIA) process for all government surveillance programs
- Establish an independent oversight body
- Pass legislation that would strengthen the right to privacy