UN Expert Urges States to Revise Privacy Laws to Protect Personal Data in Digital Age

Nougrères urged governments to update General Assembly Resolution 45/95 by adopting the recommendations in her report, which call for modernized national privacy laws.

After decades of rapid technological advancement, global privacy guidelines must be updated to reflect the realities of the 21st century, according to UN Special Rapporteur on the right to privacy, Ana Brian Nougrères. In a recent report to the General Assembly, Nougrères highlighted how new technologies, such as artificial intelligence, big data, cloud computing, and neurotechnologies, pose significant challenges to the protection of personal data and privacy.

“While these technologies have fueled development and progress, they also bring inherent risks,” Nougrères stated. She emphasized the need for nations to adopt updated guiding principles that ensure privacy protections in the digital age. These principles, as outlined in her report, address key concepts such as lawfulness, proportionality, non-discrimination, and transparency, as well as specific protections for sensitive data and children's privacy.

The report provides a comparative analysis of international frameworks, including those from the UN, Council of Europe, and Organisation for Economic Cooperation and Development (OECD). It also examines regional efforts, such as those from the Asia-Pacific Economic Cooperation (APEC), the Ibero-American Data Protection Network, and the Global Privacy Assembly, to harmonize data privacy regulations and incorporate human rights into privacy protections.

Nougrères urged governments to update General Assembly Resolution 45/95 by adopting the recommendations in her report, which call for modernized national privacy laws. Additionally, she advocated for the inclusion of a humanitarian clause to address privacy concerns in situations of armed conflict, violence, natural disasters, and other emergencies. This would require states to adopt special measures for handling personal data in humanitarian contexts, ensuring vulnerable populations are protected.

The updated guidelines seek to create global consistency in privacy regulations and ensure that governments, businesses, and institutions handle personal data in ways that protect individuals' rights while fostering technological progress. As the world becomes more interconnected and reliant on digital platforms, updating privacy regulations is crucial to safeguarding the personal freedoms of people worldwide.