The implications of deferring article 14 for the Government
10
the
If Article 14 were deferred in respect of Government then, like the private sector, the Government would not be subject to litigation before the enactment of detailed legislation in this area as a result of the work of the Law Reform Commission. There will be less uncertainty in the law therefore greater administrative efficiency in the working of government.
and
11
On
the other hand, criticism would be levelled against the Government on grounds that human rights protection is primarily directed towards government actions against the individual and it is unacceptable to provide an exemption to the Government in certain areas of basic human rights. It would be argued that government policies should not be shaped by financial and commercial considerations alone and that the Government should be prepared to live with any inconveniences which might arise in the short term as a result of the creation of new rights to privacy, before detailed legislation
is available.
12
Specifically, the potential problems for the Government could arise in the following areas
(a)
(b)
of
communications.
-
The
Interception Telecommunications Ordinance which permits the Governor to authorise interceptions may not meet the new standards established by the
European Court of Human Rights for legislation
permits
the interception of
which
communications.
Identity cards are
Use of identity cards. used in the private and the public sector as a universal identifier. Article 14 may limit the circumstances in which government agencies can insist upon the production of an identity card and use the information shown therein. The practice of some police officers checking the information shown in an identity card in order to see if a person is wanted for an offence may become unlawful.
(c)
The
exchange
of
within
information government. Although the Administration has a policy of promoting good data management and has issued Data Protection Principles and Guidelines, these measures
may not be
adequate. There are concerns that information supplied for a particular purpose may be used for a wholly unconnected purpose.
CONFIDENTIAL