Data Privacy Rights: The Same in War and Peace
Document Type
Book Chapter
Publication Date
2022
Abstract
From the Chapter
Chapter 1
This chapter responds to the thesis that parties to an armed conflict may violate an individual’s peacetime right to the privacy of their personal digitized data. Substantial evidence exists supporting the opposite position: people do not lose data privacy rights in armed conflict. Four supporting rationales are provided for this conclusion under the following headings: (1) the nature of personal digitized data; (2) the continuation of peacetime legal protections in armed conflict; (3) the protection of medical data in armed conflict; and (4) the restrictions imposed by military necessity.
Recommended Citation
O'Connell, Mary Ellen, "Data Privacy Rights: The Same in War and Peace" (2022). Book Chapters. 126.
https://scholarship.law.nd.edu/book_chapters/126
Publication Information
in The Rights to Privacy and Data Protection in Times of Armed Conflict 12 (Russell Buchan & Asaf Lubin eds., 2022).