The increasing complexity of cross-border data transfers has prompted a call for a comprehensive, legally binding international treaty. Ana Brian Nougreres, the UN Special Rapporteur on the right to privacy, has highlighted the current fragmented landscape of data protection laws in her report to the UN General Assembly. Nougreres warns that this patchwork of regulations leaves individuals vulnerable and creates challenges for international trade, urging states to engage in negotiations for a cohesive legal framework.
In her report, Nougreres critiques the existing mechanisms governing data transfers, such as adequacy decisions, standard contractual clauses, and binding corporate rules. She emphasizes that these tools alone lack the coherence and effectiveness required to ensure privacy protection in cross-border data flows. The instability of arrangements like the former EU-US Privacy Shield, invalidated in the 2020 Schrems II ruling, underscores her concerns. Its successor, the EU-US Data Privacy Framework, while upheld by the EU General Court in September 2025, faces ongoing legal challenges, echoing the call for a more solidified international agreement (JURIST).
The report draws on the right to privacy enshrined in Article 17 of the International Covenant on Civil and Political Rights, arguing that the duty of states to protect personal data does not cease at national borders. It highlights the Council of Europe’s Convention 108+ as currently the only binding international instrument available to non-European countries, yet insufficient to cover global needs.
While the idea of an international treaty is not entirely new, as reflected in a previous report to the Human Rights Council addressing online data collection by foreign actors, Nougreres’ latest call highlights a growing acknowledgment of the need for global cooperation. She further stresses the importance of adopting “privacy by design” principles and recommends developing accessible compliance tools for developing countries and smaller enterprises.
The push for a binding treaty reflects a broader realization that digital globalization demands robust international frameworks. As digital economies continue to interconnect, the need for protective and harmonized regulations becomes ever more pressing, not just for privacy advocates but for businesses navigating the uncertainties of the digital landscape (TechCrunch).