33.
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We accept some of these concerns
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are valid. The
creation of new right of privacy (Article 14) could be commercially disruptive becuase the UN Human Rights Committee (UNHRC) have interpreted this right as requiring laws which regulate the gathering and use of information concerning a person's life. Such laws should should
include a
right of access to personal data stored in automatic data
files. This is a complex subject and the Law Reform Commission is studying the subject of privacy with a view to making recommendations to the executive for detailed legislation in this
in this area. In the circumstances we would
recommend that the application of this article to the private sector should be deferred. We do not accept that the right to freedom of expression (including the freedom to seek, receive and impart information) in Article 16 and the anti-discrimination provisions in Article 22 of the BOR are likely to be commercially disruptive. The freedom to seek, receive and impart information is not the same as the right to privacy and should not give rise to claims that personal data held by commercial concerns must be disclosed
to individuals, We are also satisfied that Article 22 of
the BOR, if it is interpreted in a manner which is consistent with a formal Comment of the UNHRC, will be limited to the content of laws and their application in the public sector and will not make discrimination in the
private sector unlawful.
34.
The ICCPR requires that States Parties should
ensure that any person whose rights and freedoms (as
recognised in the Covenant) are violated shall have an
effective remedy (Article 2.3(a)). The Preamble to the Covenant also states that the individual, having duties to other individuals and to the community to which he belongs, is under a a responsibility to strive for the promotion and
observance of the rights recognised in the ICCPR. Therefore, while
the ICCPR does not require that an
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