Published October 31, 2025 | Version v1
Journal article Open

Evolving interpretations of digital privacy, free expression, and data protection within international human rights jurisprudence and governance frameworks

Authors/Creators

  • 1. Head of Legal, Media Rights Agenda, Lagos, Nigeria.

Description

The digital age has transformed the foundations of privacy, free expression, and data protection, prompting an urgent re-examination of their meanings within international human rights jurisprudence. From a broad perspective, the global expansion of digital technologies, surveillance systems, and algorithmic governance has reshaped how rights are exercised, restricted, and interpreted across jurisdictions. As governments and corporations increasingly mediate the flow of information, the boundaries between legitimate governance and rights infringement have become progressively blurred. The traditional human rights framework, conceived in an analog era, now faces the complex realities of digital identity, cross-border data flows, and automated decision-making. At the interpretive level, courts and regulatory bodies are redefining the scope of privacy and freedom of expression to account for new threats posed by data surveillance, misinformation, and cyber manipulation. Landmark developments including the European Court of Human Rights’ jurisprudence on data retention, the Court of Justice of the European Union’s “right to be forgotten,” and global efforts under the UN Guiding Principles on Business and Human Rights demonstrate a growing effort to balance innovation with dignity and autonomy. Narrowing the focus, this paper analyzes how these evolving interpretations influence international governance frameworks such as the General Data Protection Regulation (GDPR), the African Union’s Convention on Cyber Security and Personal Data Protection, and regional digital rights charters. Ultimately, the study argues for a unified, rights-based digital governance paradigm that embeds privacy, expression, and data protection as interdependent freedoms essential to human dignity in the information society.

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