Abstract

This study aims to identify the development of international norms on the right to privacy in the digital age and analyze its main issues. Article 17 of the International Covenant on Civil and Political Rights (ICCPR), a human rights convention established in 1966, proves insufficient in anticipating the recent transformations and complexities brought about by the digital age. General Comment No. 16, the interpretive document of this treaty, was adopted in 1988 and could not foresee the technological advancements of today. However, the Snowden revelations in 2013 and the Facebook scandal in 2018 revealed that personal data was collected without consent and used for political campaigning. Since 2013, the international community and the United Nations have been discussing and adopting various resolutions on the right to privacy. In addition, various new legal issues are emerging, such as: does “home” in Article 17 of the ICCPR include cyberspace? Does “correspondence” in this article include social media messages and metadata? This study aims to scrutinize the existing normative framework of the right to privacy, highlighting its limitations in the digital age. Specifically, it will question the adequacy of the privacy provisions in Article 17 of the ICCPR in addressing the myriad issues arising in this era. However, it is time to consider the extent to which the private sphere can be recognized in the digital age.

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