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legislation is being developed by the Secretary for Home
Affairs. There will also а need for the enactment of
legislation for non-discrimination.
38.
Clause 7(3) and (4) have therefore been added to
the draft Bill as follows:
"(3) Notwithstanding subsection (1), Article 14 binds only the Government, public authorities and
persons acting on behalf of the Government or
public authority or in a public office.
(4) The Governor in Council may by order repeal subsection (3) and this subsection."
Implications of Article 14 (Privacy) on the Government
39.
The creation of a right to privacy which is not underpinned by detailed specific legislation could have a disruptive effect on government. For example, the use of personal data held by some Government departments for
purposes other than those for which it was collected will be prohibited by the BOR.
An individual may try to
establish a right of access to personal data in respect of himself held by government; the courts, in the absence of detailed legislation to guide them, may be more generous in directing such access than if they were applying detailed
privacy legislation which addressed the balance to be struck between public interest and private rights. There is also the possibility of having to revise the laws and
procedures which
the interception of
communications and surveillance in connection with the
operations of law enforcement bodies. There is therefore a
case for the application of Article 14 to the government to
relate
to
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