A Interface between Digital Privacy and Human Rights

The Challenges Ahead

Authors

  • Sheikh Inam Ul Mansoor REVA University, Bangalore, Karnataka, India
  • Ishfaq Ahmad Khan University of Kashmir, J&K, India

Keywords:

Human Rights, Digital Rights, Digitalization, Digital Technologies, Digital Privacy

Abstract

In the contemporary digital era, the intricate equilibrium between digital privacy and fundamental human rights has risen to the forefront of societal concerns. This paper delves into the multifaceted dimensions of this intricate nexus, offering a comprehensive analysis of the myriad challenges, legal frameworks, advocacy endeavors, ethical contemplations, and forthcoming trends that shape the intersection of digital privacy and human rights. Privacy assumes a position of paramount significance as it serves as a bulwark safeguarding an individual’s most intimate sphere, encompassing their physical being, familial ties, interpersonal relationships, material possessions, and personal information from unwarranted or unforeseen external encroachments. Privacy is the foundational prerequisite for the enjoyment of other hard-earned liberties, including the right to unfettered expression and protection against discrimination predicated on variables such as gender, race, sexual orientation, political affiliations, and religious beliefs. This fundamental verity is undergoing scrutiny in an era where individuals involuntarily reveal substantial facets of their lives due to their participation in the digital landscape. However, in a world where participation in the digital society and economy has become virtually ubiquitous and, essentially, obligatory, the privilege of privacy must not be a domain solely for those possessing the means to secure it. In a milieu where the collective memory of the monumental human-made catastrophes of the twentieth century slowly fades, the demand for safeguards against unwarranted intrusions into the private domains of individuals by influential state entities and corporate conglomerates has never been more pronounced. The convergence of political malevolence and technological omnipotence poses a palpable and immediate threat. This article encapsulates the rationale behind preserving privacy and introduces emerging legal principles, such as accountability and individual autonomy in the management of their personal data. It advocates for the establishment of a global coalition comprising willing regulators, erudite scholars, and representatives of civil society, all dedicated to vigilant oversight and unwavering resistance against any endeavors aimed at gradually eroding the cherished liberties of the global populace.

Author Biographies

Sheikh Inam Ul Mansoor, REVA University, Bangalore, Karnataka, India

Assistant Professor Law, School of Legal Studies

Ishfaq Ahmad Khan, University of Kashmir, J&K, India

Ph.D. Research Scholar, School of Law

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Published

01-12-2023

How to Cite

Mansoor, S. I. U., & Khan, I. A. (2023). A Interface between Digital Privacy and Human Rights: The Challenges Ahead. Central University of Kashmir Law Review, 3, 182–201. Retrieved from https://publications.cukashmir.ac.in/index.php/cuklr/article/view/10

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