The EU's human rights obligations in relation to its data protection laws with extraterritorial effect

Abstract

A form of extraterritoriality is evident in EU data protection law. International human rights law, as a subset of public international law, can help determine what are arguably the EU's obligations to safeguard the fundamental right to data protection extraterritorially. The EU could be understood to have positive and negative obligations to respect, protect, and fulfil its citizens' right to data protection. As the fundamental right to data protection evolves to carry more weight in the EU, this could amplify the EU's obligations under human rights law to protect its citizens' personal data when such data are processed outside EU territory.

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