The fundamental rights to privacy and to the protection of personal data are
enshrined in the EU charter of Fundamental rights and EU Treaties. In fact, Article
1 of the EU Charter states that “Human dignity is inviolable. It must be respected and
protected”. Article 8 “Respect for private and family life”
55 and the Data Protection
Directive
56 further highlight the importance of this right.
4.5.3 Unarmed Guards
Use of unarmed guards allows the ship-owner to provide extra trained personnel to
manage the response to pirate attacks. Unarmed guards may employ other countermeasures such as night vision devices and stand extra lookout watches. Provision of
unarmed guards may be seen as a better response than failing to provide any
personnel support. The addition of unarmed guards adds additional persons at risk
of death, injury or being taken hostage in case of armed pirate attack. In at least one
instance, unarmed guards jumped overboard after attack by armed pirates.
57
4.5.4 Armed Guards
Use of armed guards is the definitive countermeasure which has been proven to
prevent ships from being captured during pirate attacks. Providing that armed guards
are properly vetted, trained and operating under legally and ethically examined rules
for the use of force, armed guards are the countermeasure most likely to keep a ship
and its people safe from attack. No ship carrying trained armed guards has been
captured by pirates. If allowed by the flag state, and in line with a ship-owner’s
ethical values, armed guards may be the most efficacious countermeasure.
55 Article 8—Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.
56 The Data Protection Directive (officially Directive 95/46/EC on the protection of individuals with
regard to the processing of personal data and on the free movement of such data) is a European
Union directive adopted in 1995 which regulates the processing of personal data within the
European Union. It is an important component of EU privacy and human rights law. On 25 January
2012, the European Commission unveiled a draft European General Data Protection Regulation that
will supersede the Data Protection Directive.
57 Duda and Szubrycht (2009).
The Application of Human Rights and Ethics Principles to Self-. . .
409
enshrined in the EU charter of Fundamental rights and EU Treaties. In fact, Article
1 of the EU Charter states that “Human dignity is inviolable. It must be respected and
protected”. Article 8 “Respect for private and family life”
55 and the Data Protection
Directive
56 further highlight the importance of this right.
4.5.3 Unarmed Guards
Use of unarmed guards allows the ship-owner to provide extra trained personnel to
manage the response to pirate attacks. Unarmed guards may employ other countermeasures such as night vision devices and stand extra lookout watches. Provision of
unarmed guards may be seen as a better response than failing to provide any
personnel support. The addition of unarmed guards adds additional persons at risk
of death, injury or being taken hostage in case of armed pirate attack. In at least one
instance, unarmed guards jumped overboard after attack by armed pirates.
57
4.5.4 Armed Guards
Use of armed guards is the definitive countermeasure which has been proven to
prevent ships from being captured during pirate attacks. Providing that armed guards
are properly vetted, trained and operating under legally and ethically examined rules
for the use of force, armed guards are the countermeasure most likely to keep a ship
and its people safe from attack. No ship carrying trained armed guards has been
captured by pirates. If allowed by the flag state, and in line with a ship-owner’s
ethical values, armed guards may be the most efficacious countermeasure.
55 Article 8—Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.
56 The Data Protection Directive (officially Directive 95/46/EC on the protection of individuals with
regard to the processing of personal data and on the free movement of such data) is a European
Union directive adopted in 1995 which regulates the processing of personal data within the
European Union. It is an important component of EU privacy and human rights law. On 25 January
2012, the European Commission unveiled a draft European General Data Protection Regulation that
will supersede the Data Protection Directive.
57 Duda and Szubrycht (2009).
The Application of Human Rights and Ethics Principles to Self-. . .
409