Looking ahead: striking a balance between privacy and national security and public interest in the use of Digital Intermediary Platforms

Abstract

Individual Privacy rights are the basis of most privacy protection laws but with increased development and societal interests, the need to limit the rights has increased. Society at large has had a growing reliance on the different technologies being developed, especially on Digital Intermediary Platforms. This study recognizes this reliance especially on Digital Intermediary Platforms that function as intermediaries between different service providers and potential customers. These platforms have lately been threatened and are used to facilitate criminal activities threatening internal security in the country. Due to this reliance, there is a need to balance privacy rights with national security concerns and public interest concerns which leads to a limitation on privacy rights. The study examines the legal and regulatory framework challenges that arise when balancing privacy, security, and public interest concerns. It also examines the risks and benefits of privacy threatening practices such as surveillance and their implications to give practical recommendations to be implemented that balance the different concerns. The study is grounded in the understanding that to be able to manage modern situations, such as the Digital Intermediary Platforms, and address modern concerns, the law should constantly evolve to cater for such situations and concerns. The study identifies the gaps in the legal framework and seeks to provide ways to balance privacy, security, and public interest concerns in relation to Digital Intermediary Platforms