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25 Int'l J. Hum. Rts. 1 (2021)

handle is hein.journals/ininllh25 and id is 1 raw text is: THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS 2021, VOL. 25, NO. 1, 1-25 https://doi.org/10.1080/13642987.2020.1763315 Routled e Taylor & Francis Group International law, surveillance and the protection of privacy Kristian P. Humble School of Law and Criminology, University of Greenwich, London, UK ABSTRACT ARTICLE HISTORY The right to privacy is a fundamental human right under Received 27 January 2020 international law. The right to privacy for an individual is the Accepted 25 April 2020 right to hide or obscure elements of their life from the wider public. In the modern age, the need for privacy is becoming KEYWORDS increasingly difficult in light of modern communication rights; nited Nations;aw; companies which seek to make once which was considered surveillance; state 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. 1. Introduction The right to privacy is seen as a fundamental human right contained in the Universal Declaration of Human Rights (UDHR)1 and the International Covenant on Civil and Political Rights (ICCPR).2 The right to privacy, however, has historically not been at the forefront of discussions within the international community and the United Nations. This position changed in 2013 after the Edward Snowden revel- ations. The international community was focused on addressing not only on the prac- tices of state sponsored surveillance but also surveillance undertaken by modern communications companies.3 The basis of the international community and the United Nations, in particular, was the application and interpretation of Article 17 of the ICCPR and more recently the United Nations Resolution of Privacy in the Digital Age4 and how to bring surveillance practices in line with human rights law and what is privacy means in the modern digital age. CONTACT Kristian P. Humble k.p.humble@gre.ac.uk © 2020 Informa UK Limited, trading as Taylor & Francis Group

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