individuals vulnerable to cyber-attacks. AI can be used to create convincing fake
images and videos, which can be used to spread misinformation or even manipulate
public opinion.”7 Additionally, AI can be used to create highly sophisticated phishing
attacks, which can trick individuals into revealing sensitive information or clicking on
malicious links.
Right to Privacy
Human Rights form the foundation and cornerstone of any civilised society. The
right to privacy has been classified as a first-generation human right. The Greek
philosopher, Aristotle spoke of a division between the public sphere of political affairs
(which he termed the polis) and the personal sphere of human life (termed oikos).
This dichotomy may provide early recognition of “a confidential zone on behalf of
the citizen.”8 The Right to Privacy is an important human right that is essential for
the protection of personal autonomy and freedom.9 “Privacy is a concomitant of
the right of the individual to exercise control over his or her personality. It finds an
origin in the notion that there are certain rights that are natural to or inherent in a
human being. Natural Rights are inalienable because they are inseparable from the
human personality. The human element in life is impossible to conceive without the
existence of natural rights.”10 A fundamental human right, the right to privacy refers to
the freedom for an individual to live their private life without interference or intrusion
from others, including the state and other organisations.
Privacy constitutes “the right to be let alone; the right of a person to be free from any
unwarranted publicity; the right to live without any unwarranted interference by the
public in matters with which the public is not necessarily concerned.”11 It encompasses
various aspects, such as personal autonomy, informational privacy, and bodily integrity.
The right to privacy is recognised by various international human rights treaties and
many national constitutions. The fascinating history of the development of the right
Stanford University, ‘Artificial Intelligence and Life in 2030’, One Hundred Year Study on Artificial Intelligence: Report of the 2015-2016 Study Panel, Section III: Prospects and Recommendations for Public
Policy, September 2016, available at: http://ai100.stanford.edu/2016-report
8
Michael C. James, “A Comparative Analysis of the Right to Privacy in the United States, Canada and
Europe”, Connecticut Journal of International Law (Spring 2014), Vol. 29, Issue 2, at page 261
9
Universal Declaration of Human Rights Article 12, United Nations Convention on Migrant Workers
Article 14, UN Convention of the Protection of the Child Article 16, International Covenant on Civil and
Political Rights, International Covenant on Civil and Political Rights Article 17; regional conventions
including Article 10 of the African Charter on the Rights and Welfare of the Child, Article 11 of the
American Convention on Human Rights, Article 4 of the African Union Principles on Freedom of
Expression, Article 5 of the American Declaration of the Rights and Duties of Man, Article 21 of the
Arab Charter on Human Rights, and Article 8 of the European Convention for the Protection of Human
Rights and Fundamental Freedoms; Johannesburg Principles on National Security, Free Expression and
Access to Information, Camden Principles on Freedom of Expression and Equality.
10
Edwin W. Patterson, “A Pragmatist Looks at Natural Law and Natural Rights”, in Arthur L. Harding
ed., Natural Law and Natural Rights (1955), at pages 62-6
11
Black Law Dictionary
7
86
Journal of the National Human Rights Commission, Vol. 22, 2023
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