Posted On : November 10th, 2012 | Updated On : November 10th, 2012
1. Why Privacy Now?
There is mounting awareness as well as resentment of
the routine practice of information about individuals as they act and
carry out in the normal course of their commercial and public lives. The
significance of this information for privacy has emerged recent as a
result of contemporary surveillance practices enabled by advances in
information technology in Somaliland, creating what I here call “the
problem of privacy in public” As observed in DAHABSHIL Case of 2012
publically exposed the details of his clients by Internet Hackers.
Most of you will agree that privacy is essential
because it endorses a number of other ends which are vital for human
Prosperity. Basically, privacy is a comprehensive right and it is the
right that must be valued by all people. It is the right of people to
make personal decisions regarding their own cherished matters, and it is
the right of people to be free from such things as electronic
surveillance. In other words, Information privacy is
the ability of an individual or group to stop information about
themselves from becoming known to people other than those they choose to
share the information with. More importantly, privacy can also be an
aspect of security in which there are trade-offs between the interests
of one group and another that can become particularly clear. Without
privacy life would be tormenting. It would mean that
you would be susceptible to the control of others; you would more likely
be manipulated; and more importantly it can leave you out of pocket; in
breach of the law or even out of business. Each of these grounds for
shielding privacy is essential and collectively they make a person’s
choice to look for privacy valuable.
We need to move beyond that sort of “privacy
roulette”. It is the Somaliland Parliament, the newly nominated
Somaliland National Law reform Commission and their other state
counterparts to suggest development of a principled and comprehensive
Privacy regime that is independent of specific devices and that features
a sort of breach of privacy. Because of the constant social
advancement, The Somaliland Penal Code and Procedure of 1963 is unable
to cover the current needs on privacy rights and punishment of the
violators of this right. And this is one of many reasons why we need
reform of the criminal justice system in Somaliland.
The extraordinary growth of information
technologies in Somaliland, particularly the widespread adoption of the
Internet, has led people in recent years to be increasingly conscious
of, and concerned about, the privacy of their Personal information.
Somaliland Governments should recognize that unless confidence in
privacy protection is built, Somaliland will be slow to realize the
potential benefits of new information technologies in Public
Administration, particularly the e-governance and the e-commerce.
However developing national privacy laws should comprehensively consider
that:
A. Privacy is not only about individuals:
Privacy is not only about your personal feelings but
also about how private companies and governments treat personal
information. Poor control over access to information can have
fundamental implications not only on individual privacy, but also on how
corporate assets are valued in the marketplace.
B. Information Security: Monitoring.
There is no privacy without information security. One
of the fundamental misconceptions of many of the approaches to privacy
legislation and regulation is the idea that it will be possible to
prevent data from being created and stored. We all know that this is an
illusion. But we need to be able to find out whether data about us has
been stored, and if so how it is being monitored. As tools to
search and retrieve data become more and more powerful, data
compromising your privacy can be found much easier. In Somaliland most
of the companies, banks and money transfers security
management systems lack proper balance of prevention, detection, and
correction. However, this will not waive them from being responsible in
the dignitary tort of any violation of these rights. With this said,
monitoring and tracking down of the bad guys will appropriate legal
framework in place and this includes preventive and punitive mechanisms
which allows punishing violators.
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