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5.2 International Law

A number of human rights treaties and conventions recognise the existence of a general right to privacy, but do not address specific surveillance practices such as the use of video surveillance. Although Australia is a signatory to such conventions as the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights, it has not implemented a Bill of Rights which might establish a mechanism to enforce rights such as the right to privacy.92 In contrast, some other countries see international human rights treaties as a direct source of rights for employees.93

For some countries, the regulation of surveillance in the workplace is arising in the context of their membership of a regional country grouping. The Council of Ministers of the European Commission adopted a common position on the European Union's Data Protection Directive on 21st February, 1995. Data generated through video surveillance is considered as personal data and will fall within the scope of the Directive.94 The Directive will

require members of the European Union to observe a range of data protection principles in relation to video surveillance in both public and private sector workplaces. In addition, the Council of Europe is also examining how the Convention for the Protection of Individuals with Regard to the Automatic Processing of Personal Data of January 29 1981 may apply to video surveillance in public places.95


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