New technologies including the collection and analysis of ‘big
data’ and artificial intelligence undoubtedly offer opportunities
for society, including the enhanced protection of human rights
for example by fostering democratic participation and helping to
expose rights abuses. But, they also pose serious risks to those
rights.
On an unprecedented scale private companies, including
social media platforms, routinely collect, analyse,
aggregate and store personal data on a massive scale and
view it as a major asset. Consent for this use is assumed:
internet users only have to give a “single mouse-click” with
little opportunity to challenge or modify the terms on which
their data is used.
The JCHR is embarking on an inquiry into whether new safeguards
to regulate the collection, use, tracking, retention and
disclosure of personal data by private companies are needed in
the new digital environment to protect human rights. The key
human right at risk is the right to private and family life
(Article 8 ECHR), but freedom of expression (Article 10 ECHR),
freedom of association (Article 11), and non-discrimination
(Article 14 ECHR) are also at risk.
As a first step, before focusing its inquiry further, the Joint
Committee on Human Rights seeks written evidence on the threats
posed to human rights by the collection, use and storage of
personal data by private companies and examples of where they
have been breached. In particular we are interested in the
following questions:
- Are some uses
of data by private companies so intrusive that states would be
failing in their duty to protect human rights if they did not
intervene?
- If
so, what uses are too intrusive, and what rights are
potentially at issue?
- Are
consumers and individuals aware of how their data is being used,
and do they have sufficient real choice to consent to this?
- What
regulation is necessary and proportionate to protect individual
rights without interfering unduly with freedom to use and develop
new technology?
- If
action is needed, how much can be done at national level, and how
much needs international cooperation?
- To
what extent do international human rights standards, such as
the UN Guiding Principles on Business and Human Rights, have
a role to play in preventing private companies from breaching
individuals rights to privacy?
Submissions should be no more than 3,000
words
