Does global scope guarantee effectiveness? Searching for a new legal standard for privacy protection in cyberspace

The aim of this article is to verify whether existing international legal mechanisms provide effective protection of privacy in cyberspace in supra-regional terms. For years, human rights systems have been perceived as effective mechanisms for strengthening the area of fundamental rights. Neverthele...

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Bibliographic Details
Published in:Information & communications technology law 2020-01, Vol.29 (1), p.22-44
Main Author: Rojszczak, Marcin
Format: Article
Language:English
Subjects:
Credibility
cyberspace
Data integrity
data protection
globalization
Human rights
International agreements
Internet
Legislation
Modern society
Privacy
Right to privacy
System effectiveness
Treaties
Citations: Items that cite this one
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Summary:The aim of this article is to verify whether existing international legal mechanisms provide effective protection of privacy in cyberspace in supra-regional terms. For years, human rights systems have been perceived as effective mechanisms for strengthening the area of fundamental rights. Nevertheless, in the case of activities taking place in cyberspace, the protective standards arising from international treaties seem to be insufficient. Despite the dynamic expansion of legislation in the area of data protection, the scope of the standards being used is still local - national or regional, rather than global. Hence, it is necessary to consider whether attaining an equal level of privacy protection in cyberspace and in physical space does not require putting forward new legal mechanisms that not only overcome the limitations of existing international agreements, but also enhance the trust in and credibility of the global data market, given that it is essential to the development of modern society.
ISSN:1360-0834
1469-8404
DOI:10.1080/13600834.2020.1705033