Privacy and data protection
Why privacy and data protection matter
Privacy is a cornerstone of human dignity and individual autonomy. Although one of the UN Charter’s basic human rights, in the digital age, it has become intricately linked to data protection, as personal data is constantly generated, collected, and processed in online activities. The right to privacy safeguards individuals from undue interference, enabling freedom of expression, association, and thought.
However, the rapid proliferation of digital technologies, coupled with data-driven business models and pervasive surveillance, has raised pressing concerns. Issues such as data breaches, mass surveillance, and misuse of personal data by both governments and private entities highlight the need for robust privacy and data protection frameworks.
Challenges to privacy and data protection
Mass surveillance
Governments increasingly deploy surveillance technologies, often in the name of national security, but sometimes at the expense of individuals’ privacy rights. Such practices can lead to chilling effects on free speech and undermine trust in institutions.
Corporate data practices
Many digital platforms rely on the collection and monetisation of user data. Insufficient transparency and accountability in these practices expose users to risks such as identity theft, data breaches, and unauthorised data sharing.
Cross-border data flows
Data protection frameworks often vary significantly across jurisdictions. This creates challenges in ensuring consistent safeguards for individuals, particularly in cases of cross-border data processing and storage.
Emerging technologies
Innovations like artificial intelligence, biometric identification, and the internet of things (IoT) introduce new privacy risks. Without adequate safeguards, these technologies could lead to intrusive profiling and data misuse.
Policy dimensions of privacy and data protection
Human rights and legal frameworks
Privacy is recognised as a fundamental right in international instruments such as Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Legal frameworks like the European Union’s General Data Protection Regulation (GDPR) set global benchmarks for data protection standards.
Economic and developmental impacts
Privacy protections are vital for building trust in digital economies. Conversely, inadequate safeguards can hinder innovation, consumer confidence, and equitable digital participation, particularly in underserved regions.
Technological and governance implications
With increasing reliance on data-driven systems, there is a pressing need to harmonise privacy standards globally. Effective governance should balance the benefits of data innovation with the protection of individual rights.
Forums where privacy and data protection are addressed
The UN Special Rapporteur on the Right to Privacy highlights privacy concerns and promotes international standards for safeguarding data. The Council of Europe oversees Convention 108, the only legally binding international data protection treaty open to countries beyond Europe.
The OECD’s Guidelines on Privacy and Transborder Flows of Personal Data influence privacy policies globally, as does the EU’s General Data Protection Regulation (GDPR). Other regional initiatives, such as the African Union Convention on Cybersecurity and Personal Data Protection and ASEAN’s Digital Data Governance Framework, address privacy in regional contexts.
Technical standards bodies such as the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C) work on technical mechanisms that enhance privacy, such as encryption protocols and secure web standards.
The UN Internet Governance Forum (IGF) The IGF is a global multistakeholder platform that facilitates the discussion of public policy issues pertaining to the internet. One particular strength, especially for CSOs is the CS representation on the IGF’s multistakeholder advisory board (MAG) and the possibility to both input and effectively engage in designing yearly themes and session content.
