LEGAL EVALUATION OF DATA PRIVACY AND SURVEILLANCE ISSUES

Abstract

This article, titled The Legal Evaluation of Data Privacy and Surveillance Issues, examines the impact of data privacy and surveillance technologies on individuals' fundamental rights and freedoms in an era where digitalization is rapidly accelerating. The study begins by defining the concepts of data privacy and surveillance, emphasizing their relationship to the right to privacy.

The first section of the article discusses the threats posed to the right to privacy by digital-age technologies such as big data, artificial intelligence, and facial recognition systems. It highlights how these technologies are utilized both in democratic regimes to ensure public safety and in authoritarian regimes to restrict individuals’ rights and freedoms. Existing international legal regulations governing the use of surveillance technologies are analyzed, with particular focus on frameworks established by the United Nations, the European Union, and the European Court of Human Rights (ECtHR). The adequacy of these regulations is critically examined.

Special emphasis is placed on the General Data Protection Regulation (GDPR) of the European Union and its provisions aimed at strengthening individuals’ control over their personal data. The national data protection policies implemented under the GDPR in countries like Germany and France are detailed as examples of best practices in this field. However, the article underscores the inadequacy of these regulations in keeping pace with rapidly advancing technologies and emphasizes the necessity of enhancing them through global cooperation.

Another key focus of the article is the potential impact of surveillance technologies on human rights. In addition to the right to privacy, the study explores how surveillance technologies pose threats to fundamental rights such as freedom of expression and freedom of assembly. The discussion examines how living under the constant fear of being monitored weakens democratic participation and individual freedoms.

Finally, the article provides recommendations for strengthening the legal framework and ensuring that surveillance practices align with the principles of transparency and accountability. Proposals include establishing ethical and legal boundaries for artificial intelligence-based surveillance systems, creating independent oversight mechanisms, and raising public awareness. Additionally, the article emphasizes the critical importance of developing international data protection treaties and global standards to create a legal framework that aligns with the dynamics of the digital age.

This study offers a comprehensive examination of the existing legal and ethical challenges in balancing data privacy and surveillance technologies and proposes solutions within the framework of human rights protection.