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  • 11 - Panta Rhei

  • from Part III - Safeguarding Privacy and Other Users’ Rights in the Age of Big Data
  • Edited by Mira Burri
  • Book:
    Big Data and Global Trade Law
    Published online:
    09 July 2021
    Print publication:
    29 July 2021, pp 231-242
    • Chapter
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  • Summary

    Human rights do remain valid currency in how we approach planetary-scale computation and accompanying data flows. Today’s system of human rights protection, however, is highly dependent on domestic legal institutions, which unravel faster than the reconstruction of fitting transnational governance institutions.

    The chapter takes a critical look at the construction of the data flow metaphor as a policy concept inside international trade law. Subsequently, it explores how the respect for human rights ties in with national constitutionalism that becomes increasingly challenged by the transnational dynamic of digital era transactions.

    Lastly, the chapter turns to international trade law and why its ambitions to govern cross-border data flows will likely not advance efforts to generate respect for human rights. In conclusion, the chapter advocates for a rebalancing act that recognizes human rights inside international trade law.