Digitalization and the Human Right to Privacy: An Algerian Legal Perspective in Light of International Standards

Abstract

This article examines the implications of digitalization for the human right to privacy, with a particular focus on the Algerian legal framework governing the protection of personal data. It addresses the transition from classical privacy to digital privacy, where personal information is continuously collected, stored, analysed and reused by public and private actors. The study asks whether existing legal instruments, especially Algerian Law No. 18-07, provide sufficient protection against contemporary risks such as digital surveillance, unauthorized processing, platform-based profiling and cross-border data exploitation. Using a descriptive, analytical and comparative legal approach, the article combines doctrinal analysis with a focused comparison between Algerian law and the European Union General Data Protection Regulation (GDPR). It also draws on the Cambridge Analytica case to demonstrate how apparently consensual data collection can become a large-scale violation of informational privacy. The findings show that Algerian legislation has established important guarantees, including consent, information, access, rectification, objection, regulatory control and sanctions. However, the effectiveness of this protection remains limited by weak practical enforcement, insufficient public awareness, the absence of a fully operational culture of compliance, and the need for clearer rules on algorithmic profiling, data portability, breach notification and international transfers. The article recommends strengthening the National Authority, developing sector-specific compliance guidelines, improving digital literacy, aligning selected mechanisms with GDPR standards and ensuring that digital transformation remains compatible with human dignity and fundamental rights.