CROSS-BORDER SURVEILLANCE AND THE RIGHT TO PRIVACY: LEGAL REMEDIES IN THE AGE OF 5G AND IOT

Abstract

The advent of cross-border surveillance in the digital realm poses new challenges to the right to privacy, particularly with the introduction of 5G networks and the Internet of Things (IoT). These developments offer unprecedented global interconnectedness and innovation but also provide new opportunities for large-scale data retention and transnational flows of information and increase the likelihood of surveillance by states and corporations that transcend traditional jurisdictional boundaries. This paper examines the conflict between cross-border surveillance and the international human rights norm of privacy, particularly the European Convention on Human Rights, the International Covenant on Civil and Political Rights and emerging soft law. It assesses the effectiveness of the legal, judicial, and data protection, and cross-border collaboration frameworks, in addressing violations of the privacy right in a hyper-connected world. Through the analysis of fragmented and disjointed legal and regulatory frameworks for state surveillance, this paper underscores the mismatch between the law and contemporary technological realities. It seeks the establishment of coherent global frameworks and international legal instruments to solve this problem. This paper advocates for the creation of streamlined global frameworks and international legal instruments for resolving these issues.