مجلة القانون، المجتمع والسلطة
Volume 14, Numéro 2, Pages 63-82
2025-09-01
The Erosion Of The Right Of Privacy In International Law: Legal And Ethical Implications In The Digital Age
Authors : Brahimi Smail .
Abstract
The development of a right to privacy in international law is a complicated process that necessitates an in-depth analysis of its historical progression. At first, privacy was not clearly acknowledged as a separate human right within legal systems. Nonetheless, as time passed, initial legal concepts, like safeguarding people's residences and communications, established the basis for privacy rights. The contemporary acknowledgment of privacy as a basic right started to develop with significant international texts such as the Universal Declaration of Human Rights (UDHR) in 1948, which recognized the right to privacy in Article 12, and subsequently, the International Covenant on Civil and Political Rights (ICCPR) in 1966, which strengthened privacy safeguards via Article 17. These tools represented important achievements in the evolution of privacy rights within international law. Nonetheless, the right to privacy encounters persistent issues, particularly in the era of digital technology. Technological progress, including digital monitoring, data analysis, and the increasing ability of governments and corporations to track people, creates new legal and ethical challenges. These digital obstacles necessitate ongoing adjustments to legal structures to protect privacy in a perpetually shifting technological environment. The safeguarding of digital privacy is vital in our interconnected society, requiring continuous discussion and collaboration among governments, international entities, technology firms, and civil organizations to maintain privacy protections amid rising threats.
Keywords
right to privacy ; legal challenges ; digital challenges ; international law ; digital privacy
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