Towards a Right to Privacy in Transnational Intelligence Networks

Authors

Francesca Bignami, Duke University School of Law

Abstract

Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when government agencies exchange intelligence across national borders. Part V invokes the cause cause célèbre of Maher Arar, a Canadian national, to illustrate the disastrous consequences of privacy breaches in this networked world of intelligence gathering. Acting upon inaccurate and misleading intelligence provided by the Canadian government, the United States wrongfully deported Arar to Syria, where he was tortured and held captive by the Syrian Military Intelligence Service for nearly one year.

Recommended Citation

Francesca Bignami, Towards a Right to Privacy in Transnational Intelligence Networks, 28 Mich. J. Int'l L. 663 (2007).
Available at: https://repository.law.umich.edu/mjil/vol28/iss3/8