"No one shall be subjected to arbitrary interference with his private life, family, home or correspondence, nor to attacks on his honour and profession. Everyone has the right to legal protection
against such interference or attacks."
Explanation of Article 12
This provision protects people's privacy in a wide range of areas. Restrictions must not be arbitrary, i.e. they must be based on a law that is not itself unjust.
According to today's understanding, private life primarily includes identity (including name, clothing, hairstyle, feelings and thoughts), integrity (which excludes medical treatment against the
will of those affected), intimacy (such as keeping private characteristics and actions secret, protecting one's own image from publication or protecting personal data from being passed on),
communication (e.g. establishing and developing relationships with other people) and sexuality (although the state may impose restrictions such as a minimum age to protect certain groups of
people, such as children).
The concept of family life depends heavily on the respective customs and cultures. Interventions can include the separation of parents and children or the refusal of a family to live together
with people of different nationalities.
The protection of the home against arbitrary interventions can be invoked, for example, in the case of house searches or electronic surveillance measures such as the installation of listening
devices.
The term "correspondence" today includes not only written correspondence, but also telephones, faxes, SMS, emails, etc. The state is permitted to open letters or listen to conversations if it is
authorized to do so by law and if there is sufficient suspicion of a criminal offense.
Honor and reputation are also protected against unlawful attacks if these are based on false allegations. States are obliged to provide protection against such attacks.