Protecting Human Rights through a Global Encryption Provision

Abstract

In a global digital economy, data pass through servers, located in diff erent countries with diverse rules on data protection security. Diff erent standards and requirements lead to the problem of the global system only being as strong (or weak) as cyber-security requirements in the “least trusted country”.1 Encryption is oft en put forward by the crypto experts as an eff ective security measure. At its core, encryption transforms text-information into a seemingly random string of words and letters that can only be deciphered by using another bit of information, called the decryption key. Th e rules on use of encryption vary and some countries have adopted regimes that may compromise information and conversations despite use of appropriate encryption techniques.2 Encryption is also an important measure contributing to human rights, especially freedom of expression and the right to privacy. It keeps communications inaccessible and safe from prying eyes, enabling the sharing of opinion, accessing online information and organising with others to counter injustices.3 In data protection, encryption is a privacy preserving technique, that also contributes to security of processing personal data.4