UN Expert Calls for Global Action to Protect Privacy in the Digital Age

“The global technological context has changed dramatically since the need to protect individuals’ rights against the improper processing of their personal data first arose,” Nougrères said.

A United Nations expert has urged governments to adopt stronger measures to prevent impunity in the online processing of personal data, warning that current legal frameworks are failing to adequately protect privacy in an increasingly digital and interconnected world.

The warning came from Ana Brian Nougrères, the UN Special Rapporteur on the right to privacy, in a report presented to the 61st session of the UN Human Rights Council.

Growing Risks to Personal Data Online

In her report, Nougrères examined the international collection of personal data, highlighting how technological developments and the expansion of the internet have significantly changed the global data landscape.

She warned that current rules governing international data transfers do not sufficiently address the growing practice of collecting personal data across borders.

“The global technological context has changed dramatically since the need to protect individuals’ rights against the improper processing of their personal data first arose,” Nougrères said.

According to the expert, gaps in existing regulations leave individuals vulnerable to privacy violations.

Lack of Comprehensive Legal Framework

The report emphasises that the internet has created new legal challenges that existing international regulations are not fully equipped to address.

Nougrères noted that the internet has not yet been clearly defined as a legal phenomenon in international agreements, and there is no comprehensive, legally binding global framework governing how personal data is collected internationally.

“The internet has unleashed a host of challenges to the law,” she said, particularly regarding the protection of individuals’ rights when their personal data is collected from outside their home country.

Challenges of Cross-Border Data Collection

One of the key concerns highlighted in the report is the distinction between international data transfers and international data collection.

While many regulations focus on data transfers—where data is sent from one organisation or country to another—the report notes that international data collection often occurs without a clear sender.

In such cases, individuals or companies may collect information directly from users located in other countries, making oversight more difficult.

“The challenge in international data collection is that billions of people with internet access can collect data from other individuals located in countries other than that of the collector,” Nougrères explained.

Because there is no identifiable data sender, local authorities may have limited ability to regulate or control such activities.

Call for International Treaty

To address these issues, the Special Rapporteur called on governments to develop a comprehensive international treaty specifically addressing the challenges posed by cross-border data collection.

She said such an agreement would help protect the right to privacy and ensure accountability in the digital environment.

Nougrères also encouraged countries to revise their domestic data protection laws so that they apply extraterritorially, meaning they could cover personal data collected from individuals even when the collector is located abroad.

Building on Earlier UN Recommendations

The report builds on Nougrères’ 2024 report to the UN General Assembly, which proposed updating General Assembly Resolution 45/95, titled “Guiding Principles for the Regulation of Computerized Personal Data Files.”

Updating these principles could help modernise global privacy protections to reflect the realities of digital technology and cross-border data flows.

The Special Rapporteur stressed that stronger international cooperation and legal frameworks are essential to ensuring that technological innovation does not come at the expense of fundamental human rights.