Human Rights Protections in Digital Surveillance: Balancing Security Needs and Privacy Rights

Resumen

Abstract:
In an era where digital surveillance technologies have become integral to national security strategies, the interplay between human rights protections and state security needs is increasingly contentious. This paper explores the complex landscape of digital surveillance and its implications for individual privacy rights. It analyzes various surveillance practices, including data collection, monitoring, and the use of artificial intelligence, assessing their compliance with international human rights standards. Through a comprehensive review of legal frameworks, including the General Data Protection Regulation (GDPR) and the International Covenant on Civil and Political Rights (ICCPR), the paper identifies critical areas where existing protections may fall short. It argues that while security concerns are legitimate, they must not override the fundamental rights of individuals to privacy and freedom from unwarranted intrusion. The research highlights the need for a balanced approach that recognizes the importance of security while safeguarding privacy rights. Furthermore, it discusses potential policy reforms and technological solutions aimed at enhancing transparency and accountability in surveillance practices. By advocating for a rights-based framework, this study aims to contribute to the ongoing discourse on how to harmonize the often conflicting demands of security and privacy in the digital age.