Media Rights Agenda’s erstwhile legal head and World Bank Group’s Access to Information Appeal Board member, Obioma Okonkwo, has said the rapid evolution of digital technologies and surveillance systems is reshaping the foundations of privacy, freedom of expression, and data protection, calling for an urgent reinterpretation of these rights within global human rights law.

In a recent academic publication, Okonkwo noted that the digital revolution has transformed how human rights are exercised, restricted, and understood.

She argued that the rise of artificial intelligence, algorithmic governance, and big data economies has created new forms of power that challenge traditional legal protections.

“The digital age has not replaced traditional human rights but expanded their meaning. Privacy is now informational autonomy; expression is algorithmic visibility; and data protection is identity preservation,” she said.

Okonkwo explained that privacy and data protection, though often used interchangeably, are conceptually distinct. While privacy safeguards personal autonomy and dignity, data protection regulates how personal information is processed, stored, and transferred.

“Privacy is the moral and legal right to be left alone. Data protection, on the other hand, imposes institutional duties, consent frameworks, and accountability mechanisms. The former protects dignity; the latter ensures compliance,” she said.

She highlighted that international institutions are increasingly adapting to this digital transformation.

The United Nations Human Rights Council (UNHRC), for instance, adopted Resolution 20/8 and Resolution 28/16 affirming the right to privacy in the digital era, while the European Union’s General Data Protection Regulation (GDPR) remains the world’s most comprehensive privacy law.

“The GDPR treats data protection as a fundamental right. It introduced enforceable principles of consent, purpose limitation, and the right to erasure, ensuring accountability in an era of algorithmic governance,” Okonkwo noted.

Beyond Europe, she pointed to similar regional frameworks such as the African Union’s Malabo Convention, the ASEAN Digital Data Governance Framework, and the Organization of American States’ privacy guidelines, describing them as “important but uneven steps toward a global digital rights order.”

“Africa and Latin America are gradually incorporating digital privacy and expression into constitutional frameworks. Though progress remains uneven, the direction of change is clear, digital rights are becoming part of our human rights consciousness,” she said.

Okonkwo observed that international and regional courts have played a central role in redefining these rights.

She cited the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) for their landmark rulings that expanded legal protections for digital privacy and expression.

“Cases such as Digital Rights Ireland and Google Spain have redefined the scope of personal data rights. They transformed abstract digital freedoms into enforceable entitlements,” she said.

According to her, jurisprudence from Latin America and Africa now reflects similar trends, where courts interpret privacy and expression as evolving concepts linked to data control and online autonomy.

Okonkwo argued that the global expansion of surveillance technologies, predictive algorithms, and cross-border data flows has forced international law to confront new ethical and legal dilemmas.

“From social media profiling to biometric tracking, individuals are constantly observed,” she warned, stating that “this calls for a renewed balance between innovation, governance, and the preservation of human dignity.”

She emphasised that the challenge is not to resist technology but to ensure it aligns with human values and democratic accountability.

Okonkwo concluded that the future of human rights depends on how societies regulate technology.

She maintained, “Technology should enhance freedom, not erode it. Digital rights are no longer optional. They are the foundation of modern citizenship and global justice.”