32
related to the private affairs of the speakers, or to their business or professional activity.118
Hence, Article 11 applies to telephone conversations irrespective of their content and can
even include both the technical operations designed to record this content by taping it and
listening to it, or any other element of the communication process; for example, the
destination or origin of the calls that are made, the identity of the speakers, the frequency,
time and duration of the calls, aspects that can be verified without the need to record the
content of the call by taping the conversation. In brief, the protection of privacy is
manifested in the right that individuals other than those conversing may not illegally obtain
information on the content of the telephone conversations or other aspects inherent in the
communication process, such as those mentioned.
115. Today, the fluidity of information places the individual’s right to privacy at greater
risk owing to the new technological tools and their increased use. This progress, especially
in the case of telephone interceptions and recording, does not mean that the individual
should be placed in a situation of vulnerability when dealing with the State or other
individuals. Thus, the State must increase its commitment to adapt the traditional forms of
protecting the right to privacy to current times.
116. Nevertheless, as Article 11(2) of the Convention makes clear, the right to privacy is
not an absolute right and can be restricted by the States, provided interference is not
abusive or arbitrary; to this end, it must be established by law, pursue a legitimate purpose
and be necessary in a democratic society.119
117. Lastly, Article 11 of the Convention recognizes that every person has the right to
respect for his honor, prohibits an illegal attack against honor and reputation, and imposes
on the States the obligation to provide legal protection against such attacks. In general, the
right to honor relates to self-esteem and self-worth, while reputation refers to the opinion
that others have of a person.120
2(i) Private life and interception and recording of telephone conversations
118. The Commission alleged that although the laws that authorize the interception and
monitoring of telephone or any other type of communications were formulated to combat
crime, they can become an instrument for spying and harassment if they are interpreted
and applied improperly. Hence, owing to the inherent danger of abuse in any monitoring
system, this measure must be based on especially precise legislation with clear, detailed
rules. The American Convention protects the confidentiality and inviolability of
communications from any kind of arbitrary or abusive interference from the State or
individuals; consequently, the surveillance, intervention, recording and dissemination of
such communications is prohibited, except in the cases established by law that are adapted
to the objects and purposes of the American Convention.
119. In addition, the Commission indicated in its application that, in the instant case, the
interception and monitoring authorization was only requested for telephone line No. (044)
462-14[XX] belonging to COANA; therefore no authorization had been granted to intercept
ADECON telephone line No. (044) 462-13[XX] in violation of Article 10 of Law No.
9,296/96.121 The telephone interception and monitoring application was submitted by a
118
Similarly, Cf. ECHR Case of Halford v. the United Kingdom, judgement of 27 May 1997, Reports 1997-III,
paras. 44 and 45.
119
Cf. Case of Tristán Donoso, supra note 9, para. 56.
120
Cf. Case of Tristán Donoso, supra note 9, para. 57.
121
During the public hearing, the Commission stated that judicial authorization had been granted for the
interception of the ADECON line, but this was after the monitoring had started.
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