Right to Privacy in Artificial Intelligence Legislations: Analyzing International Soft Law Frameworks

The article examines the evolving intersection of privacy rights and artificial intelligence (AI) governance, focusing on the role of international soft law frameworks in shaping privacy protections. Recognizing privacy as a fundamental human right enshrined in various global and regional legal instruments, the study highlights its critical dimensions in the context of emerging AI technologies, which pose unique challenges and opportunities for data governance. The methodology includes an analytical review of significant legislative and policy frameworks, such as the European Union Artificial Intelligence Act, UN General Assembly Resolutions on AI and cybercrime, the UN Global Digital Compact, and the Council of Europe Draft Framework Convention on Artificial Intelligence. These frameworks are assessed for their principles and mechanisms aimed at embedding privacy protections throughout AI systems, emphasizing transparency, accountability, fairness, and international collaboration. Findings indicate growing integration of privacy considerations in AI governance through measures like privacy-by-design, risk management, and restrictions on mass surveillance and untargeted data scraping. Key provisions include robust data governance, transparency requirements, safeguards against discriminatory outcomes, and harmonized privacy standards via international cooperation. The study concludes that international soft law frameworks provide a crucial foundation for embedding privacy protections into AI systems, reflecting a global consensus on safeguarding this right amid technological advances. By harmonizing principles across jurisdictions, fostering multi-stakeholder engagement, and promoting ethical AI development, these initiatives support a human-centric approach to AI governance. The research offers insights for international policymakers to align AI innovation with fundamental rights.

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Publication Details

Journal
İstanbul Medeniyet Üniversitesi Hukuk Fakültesi Dergisi
Published
2025-09-30
DOI
https://doi.org/10.58733/imhfd.1624022
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
0.00
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article

Right to Privacy in Artificial Intelligence Legislations: Analyzing International Soft Law Frameworks

Asm Mahmudul Hasan
İstanbul Medeniyet Üniversitesi Hukuk Fakültesi Dergisi
Ethics and Social Impacts of AI
article

Right to Privacy in Artificial Intelligence Legislations: Analyzing International Soft Law Frameworks

Asm Mahmudul Hasan
article en

Abstract

The article examines the evolving intersection of privacy rights and artificial intelligence (AI) governance, focusing on the role of international soft law frameworks in shaping privacy protections. Recognizing privacy as a fundamental human right enshrined in various global and regional legal instruments, the study highlights its critical dimensions in the context of emerging AI technologies, which pose unique challenges and opportunities for data governance. The methodology includes an analytical review of significant legislative and policy frameworks, such as the European Union Artificial Intelligence Act, UN General Assembly Resolutions on AI and cybercrime, the UN Global Digital Compact, and the Council of Europe Draft Framework Convention on Artificial Intelligence. These frameworks are assessed for their principles and mechanisms aimed at embedding privacy protections throughout AI systems, emphasizing transparency, accountability, fairness, and international collaboration. Findings indicate growing integration of privacy considerations in AI governance through measures like privacy-by-design, risk management, and restrictions on mass surveillance and untargeted data scraping. Key provisions include robust data governance, transparency requirements, safeguards against discriminatory outcomes, and harmonized privacy standards via international cooperation. The study concludes that international soft law frameworks provide a crucial foundation for embedding privacy protections into AI systems, reflecting a global consensus on safeguarding this right amid technological advances. By harmonizing principles across jurisdictions, fostering multi-stakeholder engagement, and promoting ethical AI development, these initiatives support a human-centric approach to AI governance. The research offers insights for international policymakers to align AI innovation with fundamental rights.

İstanbul Medeniyet Üniversitesi Hukuk Fakültesi DergisiVol. 10(2)
Karabük University (TR)
Openalex Percentile: Top 72%
Ethics and Social Impacts of AI
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