Digital Surveillance and the Right to Privacy under International Human Rights Law: A Comparative Study of State Practices

Abstract

This study examines state digital surveillance practices, evaluates compliance with international privacy standards, and compares legal frameworks across selected jurisdictions. The expansion of digital technologies has transformed nature, scope, and methods of state surveillance. While governments increasingly rely on data-driven tools for national security, law enforcement, and governance, such practices have raised profound concerns regarding the right to privacy under international human rights law. This article examines the normative foundations of the right to privacy in international instruments, evaluates the legality of digital surveillance practices, and conducts a comparative analysis of selected state approaches. It argues that although international law provides clear standards such as legality, necessity, and proportionality state practices often fall short of these obligations, particularly in the context of mass surveillance, biometric monitoring, and extraterritorial data interception. The article concludes by proposing legal and institutional reforms to reconcile surveillance powers with fundamental human rights.