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Role Of International Courts And Organizations In Addressing Privacy Violations Across Borders


Ms. Garima Rana, LLM, GD Goenka University


ABSTRACT


This research paper delves into the multifaceted dimensions in an era marked by globalization and digital interconnectedness, privacy violations have increasingly transcended national boundaries, presenting significant challenges for governance, enforcement, and individual rights protection. This paper delves into the pivotal role of international courts and organizations in addressing these issues by establishing global standards, resolving disputes, and ensuring accountability in cross-border contexts. The foundational principles for privacy protection are grounded in key frameworks such as the Universal Declaration of Human Rights (UDHR), the General Data Protection Regulation (GDPR), and the European Convention on Human Rights (ECHR). These legal instruments provide a benchmark for international and regional approaches to safeguarding privacy in the digital age.


This research paper focuses on Judicial bodies, including the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU), have played critical roles in adjudicating landmark cases that have shaped the global privacy landscape. Their decisions address the complex interplay between state surveillance, individual freedoms, and corporate data practices. Similarly, the International Court of Justice (ICJ) offers a platform for resolving inter-state disputes concerning privacy-related issues, although its jurisdiction remains limited in addressing individual cases.


This research paper emphasizes emerging technologies such as artificial intelligence (AI), the Internet of Things (IoT), and big data analytics pose new challenges to privacy. These technologies often outpace regulatory frameworks, creating vulnerabilities for individuals, corporations, and states alike. Initiatives by global entities like the World Economic Forum (WEF) and the Organisation for Economic Co-operation and Development (OECD) offer guidance on regulating privacy in the face of rapid technological advancements, emphasizing the need for adaptability in legal and institutional frameworks. Despite these efforts, significant challenges persist.



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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Licensing: 

 

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.

 

Disclaimer:

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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