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International Framework And Standards Governing Privacy And Data Protection




Vikas Chaudhary, LLM, Dr. Ram Manohar Lohia National Law University, Lucknow


ABSTRACT


This chapter explores the development and application of international legal standards governing the right to privacy and personal data protection. It begins with foundational human rights instruments, particularly the Universal Declaration of Human Rights ("UDHR") and the International Covenant on Civil and Political Rights ("ICCPR"), both of which recognize privacy as a fundamental right. In response to growing concerns over digital surveillance and data misuse, several regional and international frameworks have emerged to guide the collection, use, and transfer of personal data.


Among the most influential is the European Union’s General Data Protection Regulation ("GDPR"), which sets comprehensive rules for data processing, enshrining individual rights such as "data access", "erasure", and "portability". The chapter also reviews the APEC Privacy Framework, Convention 108+, and the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, each offering a unique perspective on cross-border data governance.


The chapter highlights key challenges in international data protection, including legal fragmentation, the complexity of cross-border data transfers, and balancing "data utility" with "privacy safeguards". It emphasizes the need for ongoing cooperation among governments, businesses, and civil society to develop adaptable, interoperable standards that protect privacy without hindering innovation.


As data continues to move across jurisdictions, the chapter argues for a harmonized, globally coherent approach to privacy governance. This is essential not only for legal compliance but also for enhancing public trust and promoting responsible digital transformation.


Keywords: Privacy, Data Protection, GDPR, ICCPR, UDHR, APEC, Convention 108+, OECD Guidelines, Data Security, Cross-Border Data Flow, Legal Compliance, International Law, Digital Rights, Personal Data, Global Governance, Accountability



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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