I AGREE

Nov 06, 2014 Features / Columnists, Peeping Tom

I agree with the opinion expressed in 2006 by the now Attorney General of Guyana that there is no right to privacy known to the laws of Guyana. I have never been convinced that such a right existed either in ordinary law or under Guyana’s Constitution.
I do not believe, also, that the Interception of Communication Act of 2008 either expressly or implicitly created a right to privacy. As far as I am aware this Act principally provides the means by which the State can lawfully intercept communication and acquire information about data relating to communication. States are increasing their surveillance of their own citizens as a means of protection from terrorist attacks.
Guyana has, in the interest of national security, introduced legislation allowing for the lawful interception of transmission by the State. The Interception of Communication Act of 2008 is about protecting national security and not about creating a right to privacy.
The said Interception of Communication Act of 2008 does prohibit the unlawful interception of communication. But it defines interception in terms of eavesdropping or bugging of communication apparatus. In this context, I find it hard to understand how someone can be guilty of intercepting one’s own phone call.
I am yet to see an opinion to the effect that the laws of Guyana prohibit someone from taping his or her own conversation. I am yet to be advised as to the lawful procedures that a journalist must take in taping a conversation.
There may be others who feel differently and they can, if they so desire, correct any misgivings or ignorance that I may have on these issues. I doubt, however, they can.
I also agree with the opinion issued in 2006 by the now Attorney General of Guyana that there is no tort for invasion of privacy. I have read the sources cited in support of this contention and concerning the absence of a protected right of privacy under the common law. I accept his 2006 submission.
But I will go a bit further and argue that if someone is a public figure and if the facts in the communication are not unconscionable, then the media has a right to make public that information.
In Hoskin & Anor v Runting & Anor (2004), it is noted that public figures enjoy less privacy protection because their personalities and affairs are already public facts and because there is a legitimate public interest in the publication of details about them.
Indeed, I subscribe to the position made by the Attorney General in 2006 that the right to privacy in such circumstances must bow to the right to free expression. In such circumstances, the public interest would outweigh any privacy considerations. In the above cited case, Anderson. J. noted:
“Freedom of expression is the first and last trench in the protection of liberty. A new limitation on freedom of expression requires greater justification than that a reasonable person would be wounded in their feelings by the publication of true information of a personal nature which does not have the quality of legally recognised confidence. Extended liability would be both unnecessary and harmful to the right of freedom of expression.”
I will further argue that if any communication is suggestive of or predictive of any threat, criminal conspiracy or any wrongdoing, then it is in the public interest for those facts to be made known. In such circumstances, the public interest supercedes any protection afforded by any right to privileged information or right to privacy.

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I AGREE

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I AGREE

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