Privacy Rights in the Age of Digital Surveillance: the Legitimacy of State Mass Data Collection Practices Under International Law
Year: 2024
Type: conference-paper
Abstract: The rapid advancement of digital surveillance technologies has fundamentally challenged traditional conceptions of privacy under international law. This article examines the legitimacy of state mass data collection practices through the dual lenses of international human rights law and contemporary conflict scenarios, with particular focus on the Russia-Ukraine war. Modern surveillance systems - including AI-driven facial recognition, bulk metadata collection, and biometric tracking - increasingly enable governments to monitor populations with unprecedented scope and precision. While these technologies offer security benefits, they frequently violate core privacy protections under Article 17 of the ICCPR and Article 8 of the ECHR, particularly when deployed without adequate safeguards. The article presents a comparative analysis of Russia's expansive SORM surveillance regime versus the EU's rights-based GDPR framework, demonstrating how legal systems diverge in balancing security and privacy. The Russia-Ukraine conflict provides a critical case study of surveillance technologies weaponized in armed conflict. Evidence shows Russia's use of telecom metadata and facial recognition to target anti-war protesters and enforce conscription, while Ukraine's Diia app illustrates the tension between national security needs and privacy rights during wartime. These practices raise fundamental questions about the applicability of international humanitarian law to digital repression and the extraterritorial obligations of occupying powers. Key findings reveal three systemic challenges: (1) the inadequacy of current legal frameworks to regulate AI-enhanced surveillance, (2) the exploitation of "national security" justifications to bypass privacy protections, and (3) the emergence of digital occupation tactics involving mass data appropriation. The article critiques recent ECtHR and ICJ cases addressing these issues, highlighting gaps in enforcement mechanisms. The study proposes concrete policy solutions: strengthening Convention 108+ as a global privacy standard, implementing targeted sanctions on surveillance technology exports, and developing ethical protocols (Nuredin & Nuredin, 2023) for using digital evidence in war crimes prosecutions. These measures aim to reconcile security imperatives with fundamental rights in an era where digital surveillance has become a key battleground for both physical conflicts and information warfare.
Author: Carlos Montero VARGAS
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7084035610