The Author, Aayush Maheshwari is a 1st year law student at Rajiv Gandhi National University of Law, Punjab
INTRODUCTION
Data is power, Big Data is big power – and all powers are capable of being misused. This is true in any context, and the digital world is no different. [1] Nowadays, Data cumulation is happening on an industrial scale. Whether they are politicians, government, or some other business households, all of them have got an ample amount of detailed and crucial information about us. In this era of digitality, where everything, whether it is a big business organization or some internet applications, is data-driven, almost all the facets of our lives are being digitally tracked and stored and is somewhere used, as well as, misused.
Focussing on Human Rights in this contemporary world, where technological advancements are taking place at an accelerated rate, is very crucial. Digital technology has completely changed the way human rights are exercised in our society. The Internet has been of greater help in realizing and promoting human rights. We can take the help of artificial intelligence to not only predict, but also to curb human rights violations. Though, digital technology has numerous advantages and its importance for promoting human rights and in the betterment and development of our society is immeasurable, but we cannot ignore its dark side also.
If we look upon the issue of human rights in this digital age more closely then we will see that the digital revolution is one of the major issues in human rights’ context. Intimidation, Harassment, etc. which takes place online on various social media platforms, have besmirched the internet significantly. Bullying, threats, and intimidation, on these platforms, are clear cut examples of human rights violations. In the deadliest case, social media posts targeted the Rohingya community in Myanmar in the run-up to the mass killings and rapes in 2017.
Human rights investigators found that Facebook – and its algorithmically driven news feed – had helped spread hate speech and incitement to violence.[2] Whether authorities banning twitter and other social media platforms in Turkey; judicial execution for posting on Facebook in Iran; electronic scrutinization of citizens of the United States of America by the National Security Agency; a judicial edict on the right to be forgotten in Google searches in Europe; or an obligation on the Internet users to provide their personal information to the service providers before accessing the internet in China. This dual-edge aspect of technology was conveyed well by a Tibetan human rights activist to the Toronto-based research group Citizen Lab: “Technology is this funny thing where it’s a lifeline, and then . . . maybe it’s your ticket to jail.”[3]
RIGHT TO PRIVACY
Alongside problems like misuse of data by someone or over and under regulation by the authorities, there is one of the key threats that we have to face i.e. the threat of breach of privacy. We as an individual has bare minimum chances of knowing about who is holding our data and how it is been used. The right to privacy dates back to the 1890s when Justice Louis Brandeis scratched down the term “Right to Privacy”. Earlier the legislation used to give remedy to only physical interference with this right, but now in this contemporary society privacy has become a bit more complex than a mere material intrusion. But even though our right to privacy is breached continuously in this digital age of social media and the internet, the current legal standards are not adequate to protect our rights in this digital environment.
After more than a century later, when this right was introduced in our society, there had been innumerable advancements and changes in technology, but the laws governing our rights are not ye changed. There is a need to consider whether the existing laws are sufficient enough or do they need to be changed so that they can be invoked to protect the privacy of an individual. For example, privacy laws like the Electronic Communications Privacy Act, 1986 which restricts the government unauthorized access to private electronic communications, is considered as woefully outdated by many legal experts. The reason behind this is, that the emails which are older than 180 days are not protected under this law, and also under current law, it is possible for the government to access this information even without the permission of the court and just simply with an administrative command. Brandeis’s outdated law of “Right to Privacy” continuously reminds us that in an ever-evolving society like ours, there are times when the old laws need to be updated and modernized according to the needs of the society.
This dark side of the digital age in which we are living right now terrorize not only our right to privacy, but also pose a serious threat to various other crucial things as well, like free and fair elections, and it also imperils freedom of speech and expression. Because of the misuse of data for illegitimate reasons truth always gets buried under fake news created by it. There are certain instances of how the misuse of data by some led to the manipulation of voters and undermined free and fair going of the election process. The majority of us must have witnessed this thing being reported in the US presidential election, electoral polls in Brazil and Kenya, United Kingdom’s Brexit referendum.
Modern technologies, like those of artificial intelligence, can be used to spread hatred, violence based on religion, etc. across the whole world in a matter of time. In a country, like ours, there are numerous instances of how some people try to manipulate the thinking and actions of others and spread hatred in the society with the help of social media. They can be used to influence some of the political processes which can result in huge damages to a country. There are many instances reported by various sources in which some powerful and developed countries try to breach into the vital areas of weak and under-developed countries to rob their economy and weaken and harm their national security. Various terrorist organisation like ISIS, make use of social media platforms for recruitment from different parts of the world.
WHAT CAN BE DONE TO SAFEGUARD OUR RIGHTS?
All these unprecedented challenges to safeguard our human rights makes it crystal clear that there is an urgent need for all the international treaties and conventions that talks about human rights to make and implement some strong policy guidelines regarding complete participation and cooperation of all the international bodies for the protection of the human rights in this digital era. This means strong and robust response by the government and authorities of all the states, with rules, laws, and policies which incorporate duty for the protection and upliftment of human rights while also considering social, economic rights as well. This means giving people the authority to determine who uses their data and how it is been used.
This means to give authority to poor and weaker sections of the society to have access to redressal mechanisms when their rights are being violated, their privacy is been breached, their data is been misused. This means conducting Human rights assessment at all phases of technological advancement that whether any of the rights of any kind and nature is violated or not. There is a need to establish such institutions and bodies which keep the data-driven organizations, companies, and states in check and keep on updating and adapting itself and keep itself in tune with the pace of technological and digital advancements. But forming institutions and drafting policies will not be enough in bringing down this dark side of digital advancements. We also, must establish and adapt how these institutions and processes will be used. There is no part or aspect of this digital revolution, that cannot be surveyed from the human rights perspective. There is just a need to create and make use of such mechanisms that can safeguard and uplift our rights.
UN, governments, big business organizations, social media companies should come together and make a way out of these violations of rights because of technologies, etc. They should ensure that these digital technologies should be used for the welfare and development purposes rather than serving illegitimate purposes. All those individuals and organizations that use artificial intelligence, manipulate it, and use it for any kind of business and political purposes should be held accountable and liable for their actions. Strict and stringent laws should be made so that all those who incite violence, spread hatred, misuse information, and data of people for illegitimate purposes can be punished for their decisions. While talking about these violations of human rights in this digital era, the UN secretary-general stated in 2018 that, “machines with the power and discretion to take lives without human involvement are politically unacceptable, morally repugnant and should be prohibited by international law.” [4]
CONCLUSION
Human rights are universal, sacrosanct, and implicit in every human being. These rights need to be protected and promoted both in the physical as well as virtual world. Internet and social media have given people the opportunity and has empowered them to freely express their views and opinions. For rights like the right to privacy, which is one of the most valued rights of our society, if not properly protected and promoted, poses a danger of being violated by various entities of cyberspace. For economic human rights like copyright, this world of internet offers both new opportunities as well as serious threats to the owners of creative works. But if these basic human rights are not properly safeguarded and uplifted then their exercise in this digital world is meaningless. Internet and digital technologies highlight many dubieties for human rights and the protections available to us against the violation of our rights because of the difficulties in the enforcement and technological insufficiency. The protection of human rights in this digital age depends upon the choices concerning the transformation and progression of the existing laws and their interpretation.
It does not matter that how the future digital technologies have an impact on our society concerning social, economic and cultural systems, the regulation system must be able to provide protection and should promote our human rights.
There is a need for everyone including the government, citizens, business organizations, human rights defenders to work together in cooperation for the protection of our Human rights which are at stake in this era of the fast-growing digital world. There is a need for accountability and responsibility on the part of these organizations. The best and most effective solutions can only be found when all of us work in mutual partnership and sharing the best possible practices to curb any violation of any type. Conventional human ethics and principles like privacy, dignity, equality, respect should be used as a beacon to guide our actions in this digital age.
At its best, the digital revolution will empower, connect, inform, and save lives. At its worst, it will disempower, disconnect, misinform, and cost lives.
Human rights will make all the difference to that equation.[5]
References:
[1] Bachelet, Michelle. ‘Human rights in the digital age – Can they make a difference?’ UN High Commissioner for Human Rights, Japan Society, New York, 17 October 2019.
[2] Bachelet, Michelle. ‘Human rights in the digital age – Can they make a difference?’ UN High Commissioner for Human Rights, Japan Society, New York, 17 October 2019.
[3] Donahoe, Eileen. ‘Human Rights in the Digital Age’. Just Security, December, 2014, Just Security, https://www.justsecurity.org/18651/human-rights-digital-age/
[4] Ranjah, Ziaullah, ‘Human Rights in the Digital Age’. The Friday Times, June, 2019, The Friday Times, https://www.thefridaytimes.com/human-rights-in-the-digital-age/
[5] Bachelet, Michelle. ‘Human rights in the digital age – Can they make a difference?’ UN High Commissioner for Human Rights, Japan Society, New York, 17 October 2019.
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