Privacy rights in Papau New Guinea

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Privacy rights in Papau New Guinea are guaranteed by the constitution from 1975 with a revision in 2014.

Right to Privacy in Papau New Guinea

PREAMBLE BASIC RIGHTS

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

[…]

f.protection for the privacy of their homes and other property and from unjust deprivation of property,

DIVISION 3 SUBDIVISION C RIGHTS OF ALL PERSONS 44 FREEDOM FROM ARBITRARY SEARCH AND ENTRY

No person shall be subjected to the search of his person or property or to entry of his premises, except to the extent that the exercise of that right is regulated or restricted by a law-

a.that makes reasonable provision for a search or entry-

i.under an order made by a court; or

ii.under a warrant for a search issued by a court or judicial officer on reasonable grounds, supported by oath or affirmation, particularly describing the purpose of the search; or

iii.that authorizes a public officer or government agent of Papua New Guinea or an officer of a body corporate established by law for a public purpose to enter, where necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any rate or tax or in order to carry out work connected with any property that is lawfully in or on those premises and belongs to the Government or any such body corporate; or

iv.that authorizes the inspection of goods, premises, vehicles, ships or aircraft to ensure compliance with lawful requirements as to the entry of persons or importation of goods into Papua New Guinea or departure of persons or exportation of goods from Papua New Guinea or as to standards of safe construction, public safety, public health, permitted use or similar matters, or to secure compliance with the terms of a licence to engage in manufacture or trade; or

v.for the purpose of inspecting or taking copies of documents relating to-

A.the conduct of a business, trade, profession or industry in accordance with a law regulating the conduct of that business, trade, profession or industry; or

B.the affairs of a company in accordance with a law relating to companies; or

vi.for the purpose of inspecting goods or inspecting or taking copies of documents, in connection with the collection, or the enforcement of payment of taxes or under a law prohibiting or restricting the importation of goods into Papua New Guinea or the exportation of goods from Papua New Guinea; or

b.that complies with Section 38 (general qualifications on qualified rights).

DIVISION 3 SUBDIVISION C RIGHTS OF ALL PERSONS 49 RIGHT TO PRIVACY

Every person has the right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated by a law that complies Section 38 (general qualifications on qualified rights).