Options towards a global standard for the protection of individuals with regard to the processing of personal data

PurposeStates have adopted a number of international instrument dedicated in full or in part to privacy and data protection, at multilateral or regional levels, in binding or non-binding form. This article discusses the potential and context of the emergence of a possible global standard on data protection focusing on the 1981 Council of Europe Convention for the Protection of Individuals with Regard to the Processing of Personal Data, as amended (Convention 108+).AimsWith due regard being paid to the dynamic technological and business environment that surrounds policy-making in the field of personal data protection, this article attempts to look at some strengths, weaknesses, opportunities and challenges of Convention 108+ in the competition for becoming a global standard. It seeks to identify possible future directions and priorities, taking into account the evolving nature of international relations in a more multipolar world where multilateralism is less obviously the preferred approach to international issues.FindingsInformed by an in-depth study of relevant international instruments relating to the right to privacy this article explores several strengths and opportunities that may be built on to promote a global role for Convention 108+, but also some weaknesses and threats. In sum, it concludes that the Convention is relatively well placed to ambition becoming a global standard.