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Title: Information without borders: towards a framework for extra-territorial respect for the right to privacy

Authors: Paul Hayes

Addresses: Irish School of Ecumenics, Trinity College Dublin, Room 2.10, College Green, Dublin 2, Ireland

Abstract: Informational de-territorialisation is making the right to privacy more vulnerable as communications pass through international borders or are susceptible to mining when published on the internet. A factual relationship emerges where states acquire personal data relating to non-citizens outside of their territory, which triggers a fiduciary relationship that makes the state responsible for the respect of the non-citizen's right to privacy, and for ensuring that right, which remains subject to legitimate limitations or derogations.

Keywords: fiduciary theory; extra-territorial respect; right to privacy; technology; information ethics; human rights; personal data; internet.

DOI: 10.1504/IJHRCS.2017.082692

International Journal of Human Rights and Constitutional Studies, 2017 Vol.5 No.1, pp.60 - 81

Available online: 03 Mar 2017 *

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