64. In analyzing the submission of the parties, the Court is mindful to ask what the
right to privacy contemplates. The origin of the right to privacy is derived from the
principle of the right ‘to be left alone’ which can be evoked to protect the privacy
of an individual from invasion either by a too enterprising press, a photographer,
or the possessions of any other modern devices for the recording or reproducing
of scenes and sounds. See Prince Albert Vs Strange; (1849) 47 ER 1302. This
principle has been codified by several international human rights instrument in
varying styles but basically guaranteeing the protection of individuals from
unlawful or arbitrary interference to the privacy of their homes, property,
correspondence or communications. See Articles Article 17 ICCPR which is pari –
material with Article 12 of the UDHR and Article 18(2) of the Constitution of the
Republic of Ghana is hereby recited: Article 17 ICCPR reads:
1) “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.
2) Everyone has the right to the protection of the law against such
interference”
Exceptions to the Right to privacy
65. While these articles protect the right to privacy, however this right should not
be understood to be absolute and unconditional. Art 29 of the UDHR which is parimaterial with Art 8(2) of the ECHR and Article 18(2) of the Constitution of the
Republic of Ghana limits their enjoyment. Article 29 UDHR reads:
1) In the exercise of his rights and freedoms, everyone shall be subject only to
such limitations as are determined by law solely for the purpose of securing
due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general
welfare in a democratic society.
66. A successful defense of the violation of this right is contingent upon compliance
with two vital conditions: that the interference, is prescribed by, or is in accordance
with, law and that it is necessary in a democratic society in pursuit of one or more
of the objectives outlined. The exception raises four questions which the court will
now address. First, was there an interference with the right in question? Secondly,
if so, was it in accordance with, or prescribed by, law? Thirdly, was it genuinely in
pursuit of one or more of the legitimate purposes at issue? Finally, taking all the
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