magnify
Home Articles posted by Kriangsak Kittichaisaree and Christopher Kuner

The Growing Importance of Data Protection in Public International Law

Globalization and borderless electronic communication has brought huge benefits to individuals. At the same time, the increased exploitation of personal data by the private sector and reported intelligence gathering of personal data via the Internet have caused widespread international concern. The recent appointment by the UN Human Rights Council of a Special Rapporteur on the right to privacy in the summer of 2015, and the adoption on 18 December 2013 by the UN General Assembly of a resolution on “the right to privacy in the digital age”, demonstrate the growing international interest in data protection rights.

There is a growing need for legal rules protecting the processing of personally-identifiable data, known as data protection, to be anchored more firmly in public international law. The increasing number of regulatory conflicts caused by differing national and regional conceptions of data protection, as illustrated by the judgment of 6 October 2015 of the Court of Justice of the European Union in Maximillian Schrems, should be a wake-up call to the international community in this regard.

Indeed, data protection at the international level remains fragmented and weak, creating risks for individuals and problems for international organizations (such as UN entities and international humanitarian organizations), many of which process large amounts of personal data. Read the rest of this entry…