Respect for privacy
No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.
States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others. (Article 22)
Obligations
This article affirms the traditional right to privacy and protection of reputation with respect to persons with disability. The right to privacy protection includes the domains of the family and home as well as correspondence. The traditional right to privacy in correspondence is extended to cover all forms of communication that may be utilised by persons with disability. The right is also particularised to protect personal, health and rehabilitation information, in recognition of the fact that persons with disability are particularly susceptible to violation of privacy rights in these areas.
Indicators
• Persons with disability are free from arbitrary or unlawful interference with their privacy, irrespective of their living arrangements.
• Persons with disability are free from arbitrary or unlawful interference with their family life.
• Persons with disability are free from arbitrary or unlawful interference with their home.
• Persons with disability are free from arbitrary or unlawful interference with their correspondence and other forms of communication.
• Persons with disability are free from unlawful attacks on their honour and reputation.
• The law effectively protects persons with disability from interference with all aspects of their privacy.
• The law effectively protects persons with disability from attacks on their honour and reputation.
• The law effectively protects the privacy of personal, health and rehabilitation information of persons with disability on an equal basis with others.
Example
The right to privacy will be particularly relevant to people who through their work are involved in:
• Working with clients who use health or other social services, who are having housing difficulties, who are charged with criminal offences or if you are working with families or children
• Working with the police force and government agencies that may require access to personal information on property