International law, surveillance and the protection of privacy

Abstract

ABSTRACT The right to privacy is a fundamental human right under international law. The right to privacy for an individual is the right to hide or obscure elements of their life from the wider public. In the modern age, the need for privacy is becoming increasingly difficult in light of modern communication companies which seek to make once which was considered private, public. The right to privacy has historically not been at the forefront of discussions within the international community and the United Nations. This position changed after the Edward Snowden and Cambridge Analytica revelations. The focus from the international community is on addressing not only the practices of state sponsored surveillance but also surveillance undertaken by modern communications companies. This article will focus on how the United Nations, the international community and international law aim to bring surveillance practices in line with human rights law and what privacy means in the modern digital age. The first part of the article will look at the inherent right to privacy, the second part will cover the recent developments from the United Nations and international law and the third part will look at the challenges ahead in the modern age of surveillance and digital communication.