Other human rights

Updates

In the view of the permeability of algorithmic technics and automated data processing in all aspects of the contemporary life, the Committee of Ministers of the CoE has drafted recommendation to member states to evaluate the impacts of the application of algorithmic systems in public and private spheres on the exercise of human rights and fundamental freedoms. The document outlines that the misuse of algorithmic systems can jeopardise the rights to privacy, freedom of expression and prohibition of discrimination provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Although public and private sector initiatives to develop ethical guidelines for the design, development and deployment of algorithmic systems are welcome, they do not substitute the duty of member States to guarantee that human rights obligation are embedded into all steps of their algorithmic operations. In addition, member States should ensure appropriated regulatory frameworks to promote human rights-respecting technological innovation by all actors. The guidelines for States on actions to address the use of algorithmic system include data quality and modelling standards; principles of transparency and contestability; provision of effective judicial and non-judicial remedies to review algorithmic decisions; the implementation of precautionary measures to maintain control over the use of algorithmic systems; and empowerment through research and public awareness. The document also engages responsibilities for private actors that member States should ensure, including guidelines on data quality and modelling.  ​

The Committee of Ministers drafted a Declaration to draw attention to the member States to the rights of all human beings to take decisions and form opinions independently of automated systems. The document underlines the risks of using massive amounts of personal and non-personal data to sort and micro-target people, to identify vulnerabilities, and to reshape social environments to achieve specific goals and vested interests. The draft encourages member States (1) to consider additional protective frameworks to address the impacts of the targeted use of data on the exercise of human rights; (2) to initiate inclusive public debates on permissible forms of persuasion and unacceptable manipulation; (3) to empower users by promoting digital literacy on how much data are generated and used for commercial purposes.

Freedom House's report Freedom on the Net 2018: The Rise Of Digital Authoritarianism shows key findings that: 

  • Declines outnumber gains for the eighth consecutive year, with almost half of these being election-related.
  • China trains the world in digital authoritarianism.
  • Internet freedom declined in the United States (mostly due to a decline in net neutrality protections).
  • Citing fake news, governments curbed online dissent (17 countries).
  • Authorities demand control over personal data (18 countries increased surveillance).

In his introduction to the report, Fake news, data collection, and the challenge to democracyAdrian Shahbaz said 'Events this year have confirmed that the internet can be used to disrupt democracies as surely as it can destabilize dictatorships'  [...] 'With or without malign intent, the internet and social media in particular can push citizens into polarized echo chambers and pull at the social fabric of a country, fueling hostility between different communities.'

 

                                                                               Changes in Internet Freedom 2018 Freedom House

In Jamal Khashoggi: All you need to know about Saudi journalist's death, the BBC summarises reports about the disappearance of Saudi journalist Jamal Khashoggi in Turkey on 2 October. The article gives details of the development of different government responses, the investigation, and a timeline.

Pat Didomenco asks Is illegal bias lurking in your online job ad? when writing about bias in online employment ads, highlighting the recent American Civil Liberties Union (ACLU) Equal Employment Opportunity Commission complaint against Facebook and 10 employers that post ads on Facebook. The complaint alleges that Facebook used its ad-targeting features to target men, while not showing online ads for police officers, construction workers, truck drivers, and sales staff to women. Didomenco also points out discriminatory practices in age discrimination, and how to identify bias.

                                                                       Facebook gender targeted ad

                                                                          Image source: Seattle Times

The European Court of Human Rights (ECHR) in Strasbourg, in the case of ‘Big Brother Watch and Others v. The United Kingdom’ ruled that the UK’s programme of mass surveillance, the so-called Tempora, revealed by whistleblower Edward Snowden, violated the right to privacy of those targeted.  Three aspects of digital surveillance were considered by the judges: bulk interception of communications, intelligence sharing, and obtaining of communications data from communications service providers. By a majority of five to two votes, the judges found that UK’s Government Communications Headquarters’ (GCHQ) bulk interception regime violated article 8 of the European Convention on Human Rights. However, the court found that the GCHQ’s regime for sharing digital intelligence with foreign governments did not violate article 8 or article 10, therefore was not illegal. This means that sharing with foreign governments did not violate either the right to a private and family life, or to free speech. The judgment also says that not enough protection was given to journalistic sources and that the bulk interception violated the right to freedom of information. The claims were brought by a coalition of 14 human rights groups, privacy organisations and journalists, which include Amnesty International, Liberty, Privacy International, and Big Brother Watch, among others, upon the revelations made by Snowden in 2013, which showed GCHQ’s programme Tempora secretly intercepting, processing, and storing data about millions of people’s private communications, even those who were of no intelligence interest. The judgment cites: ‘The United Kingdom authorities have neither confirmed nor denied the existence of an operation codenamed Tempora.’ The director of the Big Brother Watch, Silkie Carlo, stated: ‘This landmark judgment confirming that the UK’s mass spying breached fundamental rights vindicates Mr Snowden’s courageous whistleblowing and the tireless work of Big Brother Watch and others in our pursuit for justice. This judgment is a vital step towards protecting millions of law-abiding citizens from unjustified intrusion. However, since the new Investigatory Powers Act arguably poses an ever greater threat to civil liberties, our work is far from over.’

The human rights basket includes online aspects of freedom of expression, privacy and data protection, rights of people with disabilities and women’s rights online. Yet, other human rights come into place in the realm of digital policy, such as children’s rights, and rights afforded to journalists and the press.

The same rights that people have offline must also be protected online is the underlying principle for human rights on the Internet, and has been firmly established by the UN General Assembly and UN Human Rights Council resolutions.

In addition to main instruments on human rights (see each issue for a list of relative instruments), the Internet Rights and Principles Dynamic Coalition, the Internet Rights & Principles Charter, and the APC Internet Rights Charter include human rights specifically related to the effects of the Internet on human rights. Other human rights documents and statements are listed under 'Instruments'.

All human rights issues are cross-cutting and interdependent. For example, the freedom of expression and information is related to access to the Internet and net neutrality. Protection of minority rights is influenced by multilingualism and promotion of cultural diversity. Children’s rights have a strong security element. Ensuring the protection of privacy is important in dealing with cybersecurity.

Human rights-related issues are debated in various Internet governance processes, such as WSIS and the IGF. While human rights are usually explicitly addressed as a stand-alone issue, they intertwine with other issues such as net neutrality (access, freedom of expression, anonymity), cybersecurity (observing human rights while carrying out cybersecurity activities), content policy, etc. For the first time, after years of proposals and discussions, the IGF in 2015 held a main session on human rights, an important move signalling recognition of the link between human rights, access and ‘connecting the next billion’.   

Bringing human rights into focus, the Snowden revelations of mass surveillance triggered the diplomatic process on online privacy within the UN General Assembly and the UN Human Rights Council. and probably influenced the decision to appoint a UN Special Rapporteur on the Right to Privacy in the Digital Age. In 2015, the Nobel Peace Prize was awarded to the Tunisian National Dialogue Quartet 'for its decisive contribution to the building of a pluralistic democracy in Tunisia in the wake of the Jasmine Revolution of 2011' [also known as the Arab Spring], where social media and online communication played an important role; this also highlights the importance being given to human rights on the world stage. These developments underline a trend to recognise human rights as a priority for global digital policy. Freedom of expression, content policy and other human rights are now appearing on digital agendas, and will continue to gain in importance.

Children’s digital rights

When it comes to promoting the benefits of technology for children while at the same time fostering a safe and secure online environment, stakeholders need to strike a careful balance between the need to safeguard children against inappropriate content and risky behaviour, and the need to respect children’s digital rights, including the right to access information and freedom of speech.

Child online protection tends to focus on the protective aspect of children's use of technology. In fact, many argue that the Internet and technology have increased the risks for children, and therefore, children can reap the benefits only if the risks are mitigated. However, policies which focus exclusively on online risks can sideline the Internet's potential to empower children.

A rights-based approach, based on children’s rights as enshrined in legal instruments such as the United Nations Convention on the Rights of the Child, aims at maximising the opportunities of the digital world for children and young people while protecting them from risks. Since this approach strikes a more careful balance between children’s digital rights and their need for protection, it is increasingly favoured by experts.

The protection aspects of children’s use of the Internet are also tackled from a security standpoint.

Events

Actors

(UNICEF)

UNICEF launched the End Violence Against

...

UNICEF launched the End Violence Against Children initiative with a strand focusing on online threats: #ENDviolence online. Under this initiative, it kicked off the #ReplyforAll campaign which advocates for safer Internet for everyone through organising awareness raising activities for children and adolescents and encouraging them to share their inputs on how to respond to online threats. UNICEF is also a partner of the International Telecommunication Union’s Child Online Protection initiative. Additionally, UNICEF produced facts and figures on the Perils and Possibilities: Growing up online. Some of its research focuses on Child Safety Online: Global Challenges and Strategies and ICTs, the Internet and Violence against Children.

(UNESCO)

UNESCO facilitates

...

UNESCO facilitates global advocacy and discussions on freedom of expression and relevant issues including privacy at the WSIS and the Internet Governance Forum. It further explores freedom of expression online in-depth through its flagship publication of Internet Freedom. UNESCO also defines key indicators to help stakeholders assess the local situation. Media development indicators are an analytic tool designed to assess the state of the media and measure the impact of media development programmes. Internet Universality Indicators aims to build a framework of indicators through which to assess levels of achievement, in individual countries and internationally, on four fundamental principles:  human rights, openness, accessibility and multistakeholderism.

(Access)

Access Now is well known for its campaign agai

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Access Now is well known for its campaign against Internet shutdowns, #KeepItOn. The campaign raises awareness on instances of Internet shutdowns and actions being taken against this. Access also organises the annual RightsCon Summit that brings together digital rights activists from around the world. In 2017, RightsCon had a track dedicated to Internet shutdowns where participants learnt and shared about different aspects of the problem, including the role of telecommunication companies. The organisation also engages with UN mechanisms, such as the Human Rights Council.

(UNHRC)

Privacy and data protection online has been the subject of many UNHRC resolutions.

...

Privacy and data protection online has been the subject of many UNHRC resolutions. General resolutions on the promotion and protection of human rights on the Internet have underlined the need for states ensure a balance between cybersecurity measures and the protection of privacy online. The Council has also adopted specific resolutions on the right to privacy in the digital age, emphasising the fact that individuals should not be subjected to arbitrary of unlawful interference with their privacy, either online or offline. The UNHRC has also mandated the Special Rapporteur on the right to privacy to address the issue of online privacy in his reports.

(OSCE)

The OSCE has a represe

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The OSCE has a representative on Freedom of the Media to promote Internet freedom through diplomatic channels and public statements. OSCE monitors media developments in its member states and advocates for media freedom on the Internet, media self-regulation, media laws, media pluralism, and safety of journalists, and denounces criminalisation of defamation and hate speech. To this aim, OSCE produces legal reviews and conducts research on media freedom. It also organises an annual conference on digital media freedom and journalism. In March 2017, the OSCE issued the Joint Declaration on Freedom of Expression and "Fake News", Disinformation and Propaganda alongside the UN Special Rapporteur on Freedom of opinion and expression.

(FOC)

The coalition, which is committed to advancing Internet freedom, had formed multistakeholder working groups: A

...

The coalition, which is committed to advancing Internet freedom, had formed multistakeholder working groups: An Internet Free and Secure; Digital Development and Openness; and Privacy and Transparency online. While all working groups worked on different aspects of Internet freedom, the Digital Development and Openness considered human rights online especially criminalisation of speech. The mandate of the working groups came to an end in May 2017 and was not renewed. In 2014, the coalition issued a statement on restriction on access to social media and in April 2017, one another condemning Internet shutdowns.

Instruments

Conventions

Judgements

Case of Barbulescu v Romania - European Court of Human Rights (2016)
Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case - Court of Justice of the European Union (2014)

Resolutions & Declarations

IPU Resolution: 'Democracy in the Digital Era and the Threat to Privacy and Individual Freedoms' (2015)

Recommendations

Other Instruments

Resources

Multimedia

Child Safety: A User-Centred Approach to Internet Governance (2nd edition) (2010)

Publications

Internet Governance Acronym Glossary (2015)
An Introduction to Internet Governance (2014)

Reports

Rule of Law and Democracy in the Digital Society: Challenges and Opportunities for Europe (2018)
One Internet (2016)
Encryption: A Matter of Human Rights (2016)
2015 In Retrospect (Vol. 4) (2016)
Freedom on the Net 2015 (2015)

GIP event reports

Protecting human rights in public policy: What role for business? (2018)
Human rights due diligence in practice in ICT sector (2018)
Forum debate: Are tech companies a threat to human rights? (2018)
Disruptive Technology II: What does automation mean for human rights (2018)
Disruptive technology I: What does artificial intelligence mean for human rights due diligence? (2018)
Are States making progress on the UN Guiding Principles on Business and Human Rights? Challenges, innovations and lessons learned from implementation (Part I & Part II) (2018)
Confidentiality of Communications and Privacy of Data in the Digital Age (2018)
Report on the Forum of Business and Human Rights (2018)
The elephant in the room: The funding dimension of capacity development (2018)
World Press Freedom Day 2018: 'Keeping Power in Check: Media, Justice and the Rule of Law' (2018)
37th Session of the Human Rights Council - Opening Session (2018)
Artificial Intelligence, Justice and Human Rights (2017)
Key-note Speeches on the Future of the Internet (2017)

Other resources

Feminist Principles of the Internet (2018)
PEN America online harassment Field Manual (2018)

Processes

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WSIS Forum 2018

12th IGF 2017

WSIS Forum 2017

IGF 2016

WTO Public Forum 2016

WSIS Forum 2016

WSIS10HL

IGF 2015

IGF 2016 Report

 

Continuing a trend to keep human rights at the forefront, a main session at the IGF 2016 was dedicated to the topic (Human Rights: Broadening the Conversation). This demonstrates that the IGF has matured to a point where human rights (Dynamic Coalition on Internet Rights and Principles) are now accepted as an underlying unifying force (Mapping Digital Rights in the Middle East and North Africa: A New Visual Tool for Comparative Analysis). The linkage to the sustainable development goals (SDGs), economic, social, and cultural rights (ESCRs), and civil and political rights (CPRs), was emphasised and discussed in detail by experts and the audience (Linking Connectivity, Human Rights & Development - WS234).  While it is unequivocal that offline rights apply online, the debate focused on whether human rights on the Internet should be addressed separately, or considered within the larger context of the UN Universal Declaration of Human Rights.

Digital and media literacy for children and the need to further empower youth to participate in Internet governance processes were underlined as important priorities to be considered by all other stakeholders (Collaboration Towards and Beyond the Child Online Protection - WS88). The promotion and protection of rights of children online were also discussed from a three-dimensional perspective: developing policies and programmes that will help to create global alliances; the use of pilots and surveys to understand children’s online and offline behaviour; and recognising that the different contexts in which children live may influence their behaviour online (UNICEF - Global Kids Online: from Research on Children’s Rights in the Digital Age to National and International Policy).

Discussions also touched on the pivotal role that Internet access and mobile phones play in the refugees’ situation, helping families stay connected and giving newcomers the necessary tools to be able to start a new life in another part of the world (Human Rights Online: Internet Access and Minorities - Lighting Session). 

WSIS Forum 2016 Report

 

Several sessions at the WSIS Forum discussed issues related to media freedom, and the rights of children in the online space. Session 114 - Action Line C9 (Media): Promote Media Freedom and Internet Universality at the Heart of Achieving SDG Target 16.10 highlighted the fact that freedom of media and the safety of journalists are important foundations to achieve the goal to ‘ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements’.Cooperation among different stakeholders was emphasised as crucial support for a strategy to implementation of thw WSIS Action Line C9 (Media). Global Kids Online - Children’s Rights in the Digital Age (session 145) showcased the perspectives of UNICEF’s Global Kids Online (GKO) project, research in Latin America (Risks and Safety on the In- ternet: Comparing Brazilian and European Children (2013) and Net Children Go Mobile (2014) ), ITU statistics on children’s use of the Internet, and policy initiatives to give practical examples of how research can contribute to global and national policies in support of children’s rights.

IGF 2015 Report

 

With regard to the right to be forgotten (RTBF), last year’s Court of Justice of the European Union (CJEU) ruling (Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González) had far-reaching implications, and created a ripple effect across different jurisdictions. One of the main issues is with regard to the terminology, as the RTBF can generate false reassurances that an individual’s past can be forgotten. Panellists in The ‘Right to be Forgotten’ Rulings and their Implications (WS 31) suggested that the right be renamed to ‘the right to be de-indexed’. The main issues were reiterated in Cases on the Right to be Forgotten, What Have we Learned? (WS 142): the term is problematic, and policymakers and the judiciary need a better understanding of technology. The process of de-listing imposes an unnecessary burden on online media houses to continually update their published stories. The process is also likely to be abused in jurisdictions where the take-down notice system is implemented.

Both workshops discussed the risk that the RTBF is affecting other human rights including the right to memory and the flow of ideas, the right to know the truth, and freedom of the press. These essential rights to democracy could be threatened by the RTBF. In fact, the representative from the United Nations Commission for Human Rights commented that the RTBF contrasts with the right to know the truth, which is a distinct right. The erasure of information could impact the right to truth, and thus create a need for due process.

Among the practical implications is the fact that different jurisdictions have ruled or legislated on the RTBF. These include a judgment by the Constitutional Court of Colombia; new legislation in Chile, Nicaragua, and Russia; and data authorities’ rulings on search engines. The CJEU ruling has therefore created a ripple effect, extending the European cyberlaw footprint to a global level.

 

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