26 10.1163/22131035-14020001 | enigbokan connection with the right to privacy have resulted in the recognition of data protection as a stand-alone right or as a dimension of the right to privacy.149 Personal data refers to information recorded in any format that enables the identification of an individual. This data includes data on our health, political ideas, family life etc.150 ai poses significant risks to privacy, particularly when there is inadequate data protection in place. ai privacy risks include accidental exposure of sensitive data to third party apps and stealing or misuse of data – such as unauthorized access to personal accounts by hackers from ai applications. This can occur due to weak security protocols, human error, or malicious actors, leading to the exposure of sensitive information.151 Due to these unique security vulnerabilities faced by ai, stateless applicant’s sensitive personal information which include marriage details, health, employment and family life are highly prone to data leakage and hacking if data is not protected and this can lead to infringement of privacy. When data is leaked or hacked, stateless person’s stories can be shared to online platforms, that can expose them to xenophobic attacks, discrimination and hate speech. They can be labelled both in their country of residence and origin by citizens as illegal. This also risk violating their rights to freedom of expression and freedom to participate in democratic society. Their right to dignity is at stake as they are prone to inhumane treatment due to the absence of legal documents and they can be arbitrarily detained, affecting their right to free movement. Therefore, there are serious risks relating to the privacy of stateless applicants awaiting decision.152 Humans can make errors which can lead to data leakage and data can also be stolen from human decision-makers. However, humans possess the capacity to understand and act according to ethical principles. They are aware of their responsibility to uphold privacy, which is critical when dealing with sensitive data – something ai is inherently unable to do.153 149 150 151 152 153 Carlos Affonso Souza and others, ‘From privacy to data protection: the road ahead for the Inter-American System of human rights’ (2021) 25 (1)The International Journal of Human Rights 150. Teresia Munywoki, ‘Data Protection Challenges for Refugee Women in Africa’ 22 March 2024 <https://cipit.org/data-protection-challenges-for-refugee-women-in-africa/> accessed 3 July 2025; Tony Ke and K Sudhir, ‘Privacy rights and data security: gdpr and personal data markets’(2023) 69 (8) Management Science 4389–4412. ‘Cyber security breaches’ <https://www.dataguard.com/cyber-security/breaches/> accessed 30 September 2025; Data Guard insights September 2024 ‘The growing data privacy concerns with ai: What you need to know’ <https://www.dataguard.com/blog /growing-data-privacy-concerns-ai/?hs_amp=true> accessed 30 September 2025. Ibid. Korteling and others, (n 117) at 1–10. International Human Rights Law Review (2025) 1–31