NEW YORK – The proliferation of a fragmented regulatory framework poses privacy risks to data subjects and barriers to legitimate trade due to a lack of coherence, accessibility and effectiveness from a human rights perspective, a UN expert said today.
“States must adopt or update their national data protection legislation in accordance with international human rights standards, strengthen the capacity of data protection authorities to monitor compliance with transfer instruments and promote digital literacy of its citizens,” said Ana Brian Nougrères, the Special Rapporteur on the right to privacy, in a report to the General Assembly.
The report examines adequacy mechanisms, standard contractual clauses, binding corporate rules, multilateral privacy mechanisms and other complementary instruments, and assesses their effectiveness from a human rights perspective.
“None of the instruments analysed are sufficient on their own to guarantee the right to privacy in cross-border flows of personal data. Their effectiveness depends on the quality of national data protection frameworks, the strength of supervisory authorities, the political will of States and the awareness of individuals regarding their rights,” the expert said.
The expert called on the private sector to apply the principle of ‘privacy by design’ to all systems and processes, adopt clear policies on international data transfers and conduct rigorous data transfer impact assessments.
“It is important to promote dialogue between the various regional systems and develop practical guidelines and cost-effective tools to enable developing countries and small and medium-sized enterprises to implement international data transfer mechanisms. This is key to integrating the protection of personal data into digital trade agreements and free trade agreement negotiations,” the Special Rapporteur said.
The expert urged States, with the support of the international community, to embark on negotiations aimed at drafting a legally binding international instrument on international data transfers.
Brian Nougrères’ recommendations aim to ensure that international data transfers can progress towards a coherent global framework that includes robust privacy safeguards.
This report builds on the expert’s findings on the international collection of personal data presented to the 61st session of the Human Rights Council in March 2026.
