Abstract
Informational de-territorialisation is making the right to privacy more vulnerable as communications pass through international borders or are susceptible to mining when published on the internet. A factual relationship emerges where states acquire personal data relating to non-citizens outside of their territory, which triggers a fiduciary relationship that makes the state responsible for the respect of the non-citizen's right to privacy, and for ensuring that right, which remains subject to legitimate limitations or derogations.
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