26. The operation of intelligence and security legislation has inherent implications for the privacy of individuals. This, in turn, gives rise to democratic concerns. As the ISR has noted, the individual’s right to privacy, while not an absolute right, is a prerequisite in a functioning modern democracy and provides the basis for freedom, personal autonomy and personal expression18. 27. While a free-standing right to privacy is not expressly contained in the New Zealand Bill of Rights Act 1990, the right is guaranteed under international human rights law by way of Article 17 of the ICCPR, which provides that: No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks 28. Rapid advancements in electronic mass surveillance and data interception are highlighting the difficulties New Zealand’s domestic human rights law has in responding to emerging challenges brought about by 21 st century information technology. The absence in the New Zealand Bill of Rights Act of a right to privacy, analogous to that guaranteed under Article 17 of the ICCPR, inhibits the current statutory compliance and oversight provisions from taking into account the impact of intelligence and security powers on a person’s right to privacy (see paragraph 49 below). While the Privacy Act 1993 regulates the collection and use of personal information, it is not underpinned (or empowered) by a presumptive statutory right to privacy. 29. Accordingly, the Commission would encourage the Reviewers to give some consideration to this issue. The Commission considers that the inclusion of a right to privacy in the NZBORA is entirely appropriate in the contemporary context and would render it more consistent with the objectives stated in its long title, which are: 30. 18 19 (a) to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and (b) to affirm New Zealand's commitment to the International Covenant on Civil and Political Rights In its 2014 report to the UN General Assembly, The Right to Privacy in the Digital Age19, the Office of the UN High Commissioner (OHCHR) has noted that any legal A Democratic License to Operate, p 31, para 2.10 Office of the High Commissioner for Human Rights, The Right to Privacy in the Digital Age, June 2014, A/HRC/27/37 Page 84 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR