Authored By: Anupriya, B.A.LL.B, Delhi Metropolitan Education
Introduction
While technological progress has greatly benefited mankind, it has also created new obstacles for the defense of human rights. Due to technological advancements that both promote global economic growth and increase security through the use of surveillance cameras and monitoring systems, striking a balance between security and liberty has become a major concern. But these developments also bring up new human rights concerns, such security, privacy, and data protection, which might result in violations of civil liberties and privacy.
The interaction between people and the environment has been further altered by the advancement of science and technology. With a population that was expanding quickly, traditional techniques were insufficient, which resulted in serious problems including food scarcity, drought, and starvation.
According to the Malthusian theory, population power exceeds the capacity of the planet to create sustenance, forcing people to rely more on science and technology to fulfill their requirements[1].
The rapid rise in technology has raised numerous issues, particularly concerning human rights. As technology becomes more dominant, individuals can exert immense control over others, leading to uncontrollable long-term repercussions, particularly concerning freedom of thought, inheritance, and law enforcement manipulation of human rights. To address these challenges, states and international organizations must collaborate to develop rules and legislation defending human rights in the digital age.
Evolution Of Human Rights and Technology
Human rights are the collective rights of all individuals, including civil, political, economic, social, cultural, and environmental rights. They are fundamental to mankind and should be protected and enforced, regardless of identity or origin. The Magna Carta of 1215, the Bill of Rights of 1688, the United States Declaration of Independence of 1776, and the Rights of Man and Citizen of 1789 France are significant historical contributions that evolved humanitarian principles and progressive initiatives to establish rights.
The popularity of universal human rights expanded after the two terrible world wars, leading to the adoption of the Universal Declaration of Human Rights in 1948 by the General Assembly of the United Nations. Two important human rights treaties were adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, both of which went into effect in 1976.
Basic tools and methods were employed by the earliest human communities, with agriculture marking a crucial turning point. The printing press, writing systems, and wheels were among the innovations that transformed communication, transportation, and the sharing of information. Beginning in the 18th century, the Industrial Revolution brought mass manufacturing, automation, steam power, and innovations like the railroad, telegraph, and steam engine. Global trade and communication were transformed by electricity and telephony. With the widespread use of computers, the internet, and information technology in the latter half of the 20th century, the digital era got underway. Artificial intelligence, biotechnology, and renewable energy are examples of emerging technologies that have the potential to completely transform human society.
Embracing Technological Advancements in Daily Life
The adage “NECESSITY IS THE MOTHER OF INVENTION” implies that the drive for advancement and change is the source of all inventions. The world population, life expectancy, educational attainment, material standards of living, nature of work, communication, medical care, warfare, and the impact of human activity on the environment are just a few of the aspects of human life that have been profoundly impacted by technological advancements. In addition, technology has impacted various facets of society and personal life, including entertainment, politics, morality, the intellect, matter, and human nature.
Our lives have been profoundly changed by technology, which has improved our quality of life, ease, and efficiency. Social media, instant messaging apps, and cellphones have made communication simpler. While remote work gives freedom, cloud computing makes real-time collaboration possible. By streamlining repetitive operations, automation technologies allow up time for original problem-solving. Knowledge on a wide range of subjects may be found on the internet, and self-paced learning is possible through online learning environments. E-learning resources and virtual classrooms have revolutionized traditional education. Wearable technology that tracks vital signs and physical activity, telemedicine that eliminates in-person visits, and medical innovations like precision medicine and gene editing that promise individualized care and better patient outcomes are just a few examples of how technological advancements have significantly improved healthcare and wellness. All things considered, technology has changed how we communicate, work, and live.
Acknowledgment of human rights concept within the setting of technological advancement
Quick technological advancements have made critical challenges both locally and globally. The challenges were comparable, but more extreme at the international level. Whereas law can be actualized locally, states were reluctant to comply with universal directions and standards.
The worldwide law was not prepared to meet the challenges postured by the headway in science and technology as a result it took time to reply. Moreover the states[2], had their vested intrigued within the specific innovation which on the off chance that come to be controlled beneath universal would have hampered their interface. It is critical to note that the address of the affect of scientific and technological advancements on human rights was brought some time recently the Joined together Countries for the primary time in 1968 as a result of an activity taken by the Worldwide Conference on Human Rights held in Tehran,Iran. Following the recommendation of this conference the United Nations General Assembly adopted a resolution urging the Secretary-General to conduct national and international studies to develop standards to protect human rights and fundamental freedoms, based on the conference’s recommendations. The study focused on scientific and technological advancements related to the principles of a democratic society include respecting individuals’ privacy and nation-state sovereignty, protecting the human personality and its physical and intellectual integrity, limiting the use of electronics that may jeopardize rights, and maintaining a balance.
The resolution emphasized the risks of technology advancements on human rights and basic freedoms. The Tehran Proclamation underscored the need to monitor scientific breakthroughs and their potential impact on individual rights. The Conference suggested UN institutions study human rights issues related to scientific and technological advancements. In 1968, the General Assembly requested the Secretary General to investigate these issues. In 1970, a draft program was presented to the Human Rights Commission. In 1971, Resolution 10 linked the issue to the Second United Nations Development Decade.
The Declaration urges all nations to support emerging nations in advancing their scientific and technical capabilities to realize their citizens’ social and economic rights. Dr. Egziabher, in line with the UN study Impact of Technology on Human Rights: Global Case Studies, highlights the impact of innovation on human rights, from peaceful acceptance of beneficial technologies to “violent entry[3]” of “destructive innovations”. Her analysis of firearms technology in Ethiopia highlights the implications for all countries, particularly in the developing world, as evidenced by the 1975 United Nations General Assembly resolution on the application of technology for human rights and peace.
The Declaration urges states to prevent scientific and technological advancements from limiting or interfering with individuals’ human rights and fundamental freedoms, as outlined in the Universal Declaration of Human Rights, International Covenants on Human Rights, and other international documents[4].
In 1988, the Commission on Human Rights resolved to harness scientific and technological advancements to promote and preserve human rights and basic freedoms. The United Nations University and other academic institutions were invited to investigate the positive and negative effects of scientific and technology advancements on human rights and fundamental freedoms[5].
Drawbacks of technological advancement
Technology has revolutionized our lives by making tasks easier, faster, and more efficient. However, it also poses risks of losing basic human skills and instincts, such as problem-solving and creativity. Social media platforms have been used to spread misinformation and hate speech, leading to fake news and cyberbullying. Additionally, technology contributes to a widening wealth gap, as those with access to the latest technology often have an advantage over those without, leading to a more unequal society.
Technology has both positive and negative aspects, with difficulties often turning into opportunities. For example, people in the same city often choose to communicate via chat and online messages, believing it is faster and more efficient. However, the potential of science and technology comes with great responsibility, as human arrogance, selfish interests, lack of planning, and short-sightedness have contributed to the misuse of these gifts.
Despite the many benefits of science, there are concerns that it could lead to the end of humanity. For example, some believe that robots could be created to clone humans and take over the world, while others speculate that a genetically cloned human brain could be implanted into a robot, enabling it to experience human emotions and possibly reproduce in a robotic form.
The Impact of Technological Advancement on Human Rights
The term “the intersection of technology and human rights” refers to the relationship between technological advancements and the protection of fundamental human rights. This area is crucial as technology can both empower and threaten these rights. However, discussions on this topic have been reactive, fragmented, and lacking practical solutions.
The “Universal Declaration of Human Rights” summarizes the advancement of society towards independence and establishes basic duties to make life valuable.[6]
The General Assembly’s Declaration on the Right to Development recognizes the right to development as an intrinsic human right. It ensures that all individuals and communities have the right to participate in, contribute to, and benefit from economic, social, cultural, and political growth, as well as the full realization of all human rights and basic freedoms.[7] This proclamation serves as a compelling reminder that growth is a global desire and a fundamental right that cannot be denied.
New information technologies have revolutionized access to knowledge and scientific search, but also raise privacy concerns. As cybersecurity and privacy become blurred, it’s essential to balance security measures with individual privacy. The internet has democratized knowledge, allowing global access to educational resources, news, and diverse perspectives. Platforms like Wikipedia and open-access journals have reduced barriers to education.
Social media platforms have revolutionized public debate, fostering diverse perspectives and promoting inclusivity. However, they also facilitate online harassment and cyberbullying, leading to psychological distress, social isolation, and physical harm. Weak cybersecurity measures leave individuals vulnerable to identity theft and financial fraud. To protect personal information and ensure safety, it is crucial to protect it while maintaining privacy.
Technology has boosted economic growth and innovation, creating new opportunities for education, employment, and entrepreneurship. However, socioeconomic disparities in technology access lead to a digital divide, disproportionately affecting marginalized communities. Bridging this divide is crucial to promote inclusivity and empowerment.
Technological advancements have transformed humanitarian aid and crisis management, saving lives and mitigating suffering globally. However, unfair algorithms in hiring, lending, and law enforcement perpetuate social biases and violate equality and non-discrimination rights. It is essential to ensure technology is used for society development, not discrimination. Governments and online platforms are increasingly using censorship and content restriction to limit free expression and access to information, particularly in authoritarian regimes. Lobbying for greater openness and consistency in content moderation procedures is essential to defend everyone’s right to free expression.
Generative AI as a Cyber Threat
India is the most hacked country in Asia and the second most hacked globally in 2022, with 1.2 billion mobile phone users. Two major cyber-attacks occurred at the All India Institute of Medical Sciences, Modern Delhi, leading to the establishment of a National Cybersecurity Response System. The Indian e-retail sector is also targeted, with Generative AI expected to exacerbate these threats.A “Cyberthreats Report” by Acronis, a worldwide pioneer in cyber security, uncovers alarming trends in cyber-attacks for the primary half of 2023 with email-based phishing assaults seeing a 464% increment compared to 2022, and assaults per association expanding by 24%[8].
Generative Artificial Intelligence (GenAI) has the potential to revolutionize cybersecurity by identifying and learning patterns in training data. However, it also raises challenges like deepfakes, data poisoning, and automated cyberattacks. Deepfakes can spread false information, influence elections, create social tensions, pose national security risks, and be used for phishing attacks. Data poisoning can corrupt training data, leading to bias, discrimination, or misclassification. Automated attacks, like Fraud GPT, can generate malware and bypass built-in security measures without human intervention. Therefore, responsible and ethical use of GenAI technology is crucial for maintaining trust in the media and preventing cyber threats.
The Intersection Of Cyber Security And Privacy
Privacy is a fundamental expectation, right, and need for a society that values human dignity for all individuals. The need for privacy stems from a feeling of human dignity, both psychologically and sociologically[9]. Privacy encompasses freedom of thinking, control over one’s body, isolation in one’s home, control over personal information, freedom from surveillance, protection of reputation, and protection against searches and interrogations[10].
On August 24, 2017, the Supreme Court unanimously decided that privacy is a basic right, alongside the right to life and personal liberty and the freedoms granted by the Constitution.[11] The judgment established boundaries on the state’s intervention in citizens’ lives. The bench acknowledged the challenges posed by technology and emphasized the need for a balance between privacy rights and state-imposed restrictions for national security, crime prevention, and resource distribution.
The digital age presents a complex debate between privacy and security, with the rise of domestic extremism, global terrorism, radical insurgency, rogue nations, and non-state actors. As technology advances, the demand for stronger cybersecurity safeguards increases, necessitating careful consideration of individual user privacy and the overall safety of digital networks worldwide. Balancing security and liberty requires considering the confluence of cybersecurity and privacy. In today’s interconnected world, protecting personal data is becoming increasingly important due to rapid technological advancements, government surveillance, and large data breaches. There is no single solution to this issue; instead, companies, enterprises, and governments must prioritize data protection, threat monitoring, and cybersecurity metrics while allowing citizens to use their freedom of speech while maintaining their privacy. Cybercrime is a significant issue globally, particularly in India, due to rapid digital transformation and vast internet users. Balancing security needs with freedom is essential, and a top priority should be protecting sensitive information and data. Companies have a responsibility to protect sensitive data from cyber-attacks, and IT professionals can implement proper safeguards and tighter restrictions on online media sharing.
Security impacts privacy by improving online privacy and preventing data breaches through robust encryption and authentication methods. However, increased surveillance and enhanced security measures can also significantly impact privacy. Many countries have enacted data retention laws, allowing governments to access vast amounts of private information for intelligence gathering or law enforcement purposes. Cyber weapon techniques, such as malware or attack tools, can also penetrate online systems and networks, violating civil rights.
In the modern age of technology, data security is critical but must also ensure people’s private rights are not compromised. Companies handle sensitive user data, such as financial and personal records, which must be safeguarded from malicious attacks. Balancing the need to protect an organization’s cyber assets with the right to privacy of individual users can be challenging.Technologies like cryptography can help address both security and privacy concerns simultaneously. Cryptography enables secure end-to-end encryption between sender and receiver, ensuring confidential information remains confidential and distinguishing genuine senders from impostors. When integrated into an organization’s infrastructure and processes, these solutions can bolster cybersecurity and privacy, allowing organizations to progress confidently without worrying about user safety or data integrity loss due to malicious activity or unauthorized access. To ensure privacy and security, a pragmatic approach is needed, involving developing techniques, technologies, regulations, policies, and public-private collaboration methods. A balanced approach to cybersecurity is necessary to mitigate risks of failing to implement safeguards and adopting new technology that compromises civil liberties. Commercial firms must be held accountable for securing customer data and ensuring policies protect user privacy from government interference. AI, automation, biometrics, and machine learning technologies can improve cybersecurity, but they must be used cautiously alongside privacy safeguards to prevent harm. The internet has become an integral part of our lives, but it also poses risks that compromise privacy and security. To protect ourselves, we must strike a balance between cybersecurity and privacy, remain vigilant, and work together with public agencies and industry partners to manage data security incidents effectively. Privacy concerns are a major concern for both consumers and employers, with employers concerned about breaches of sensitive information and consumers concerned about misuse of information.
By 2025[12], it is expected that AI will replace 85 million occupations globally, which might result in job displacement and higher unemployment rates. The rapid advancement of autonomous technology has led to a moral dilemma in the corporate sector, with prejudice against people based on its efficiency. The wealthiest corporations have manipulated national money by combining innovation and wealth, prioritizing profit and innovation over human values. Collaboration between innovators and customers has become possible with the advancement of fighting techniques. However, innovation has negatively impacted various aspects of life, including health, the environment, and food production, with less beneficial outcomes.
Why cybersecurity is a human rights issue?
Cybersecurity is increasingly recognized as a human rights issue due to its impact on fundamental rights and freedoms. Privacy is a fundamental human right, and cybersecurity protection helps uphold this right by preventing unwanted access to personal data. Freedom of expression can also be violated by cybersecurity measures like content filtering and internet censorship, which can be used to restrict access to information or silence critical voices.
Vulnerable groups, such as journalists, human rights defenders, and minority communities, often face disproportionate cybersecurity threats. By bolstering cybersecurity, we can shield these groups from cyberattacks, harassment, or surveillance, ensuring their rights are respected in the digital realm.
Security and safety are also crucial rights, as cybersecurity incidents can pose significant risks to individuals’ safety and security. Implementing effective cybersecurity measures helps mitigate these risks, instilling greater confidence and trust among individuals in using digital technologies securely.
In summary, cybersecurity is a matter of human rights, directly affecting core rights and liberties such as privacy, freedom of speech, information accessibility, assembly and association, fair trial, safeguarding vulnerable communities, and overall security and safety. Establishing robust cybersecurity measures is essential to uphold these rights in the era of digital advancements and foster a secure, unrestricted, and inclusive cyberspace accessible to everyone.
Role of International Law in regulating state activities in the realm of cyberspace
Cybersecurity is often overlooked or undervalued in international discussions on digital technologies, with the focus often on state-on-state attacks. The Shanghai Cooperation Organization (SCO) is working to extend national sovereignty and information control in cyberspace, raising concerns about the impact of international human rights law on cybersecurity. The United Nations has emphasized the implementation of international law, particularly human rights and humanitarian law, in cyberspace since 2013. However, international humanitarian law is only applicable during armed conflict, and focusing on international human rights law may overlook the broader implications of human rights law in addressing cybersecurity challenges. States and international organizations acknowledge that existing principles of international law apply to states’ cyber operations, unless there is a state practice or opinio iuris that suggests otherwise. In 2013, the General Assembly endorsed the UN GGE’s consensus reports, stating that international law, particularly the United Nations Charter, is necessary for maintaining peace and stability and ensuring an open, secure, peaceful, and accessible ICT environment. State sovereignty and international conventions pertain to how states conduct ICT-related activities and control over ICT infrastructure within their territory.
The 2015 GGE report stated that governments must use Information and Communication Technologies (ICTs) in accordance with international law principles such as state sovereignty, sovereign equality, peaceful dispute resolution, and non-intervention in other states’ internal affairs. This has been accepted by various international organizations, including NATO, the OSCE, the G7, the EU, and the Commonwealth. These bodies recognize that existing international law applies to state activities in cyberspace, ensuring that states use ICTs responsibly and without interference in other states’ internal affairs. The GGE report highlights the growing acceptance of this principle among international organizations, demonstrating the importance of adherence to international law in the field of ICTs.
Cyber activities by one state on another’s territory can impact various areas of international law, including criminal, humanitarian, force use, general principles, and human rights law, which regulate specific types of state behavior.
Nations’ actions in cyberspace are also subject to the secondary principles of international law[13], which outline the circumstances under which nations may be held globally liable for breaking the law and the remedies available to victim states in such cases.
The UN GGE study emphasizes the “due diligence” principle to prevent and mitigate cyber-attacks, while the UN Charter for the Peaceful Settlement of conflicts applies to cyberspace disputes, creating a strong legal framework for government operations and holding states accountable for hostile cyber activities.
The Attorney General of the United Kingdom at the time stated that “the more apparent we are about the limits of acceptable conduct, the lower the risk of misunderstanding and more clear the repercussions for disregarding them”[14].International law controls how countries respond to state-sponsored cyber conduct that violates international law. It defines the circumstances for state accountability and offers remedies to victim states. Victim states may retaliate lawfully, such as by expelling diplomats, or unlawfully, in some cases[15].
International law provides common rules and evidential standards for states to attribute cyber operations to a state, aided by technological advancements and private-sector partnerships. The Articles on State Responsibility allow states to attribute cyberattacks by private entities under specific circumstances.Until recently, even if a state has high-quality evidence, it did not publicly attribute the activity to another state[16]. However, this trend is changing. Attributing a cyberattack to another state is more powerful if linked to a violation of international law, increasing the ‘naming and shaming’ effect. States often argue that they were not responsible for a specific violation or that their activity was not a violation, indicating that they care about being seen to comply with rules.
CASE STUDY – How technology is exacerbating Israel and Hamas’ war in Gaza
The Gaza conflict has highlighted the growing role of technology in modern warfare, with over 750,000 people downloading Red Alert, an unofficial smartphone app that provides real-time warnings when a rocket is fired into Israel from Gaza. Twitter is a rapidly changing social media battleground, with breaking news and eyewitness accounts influencing diplomacy and events on the ground. Israel and Palestinians have shared propaganda videos on YouTube as part of their social media war. The Free Syrian Army hacked into the IDF Twitter account, falsely claiming rockets hit an Israeli nuclear plant, and took control of Domino Pizza’s Facebook page in Israel, publishing warnings in English, Arabic, and Hebrew. The rise of online propaganda by extremist groups like ISIS and al-Qassam is causing concern for counterterrorism experts, but also presents an opportunity for intelligence agencies to identify suspects and gather information about individual terror cell locations and activities.
Legal and regulatory framework for establishing security and privacy
Cyber law is a legal framework that protects computer systems, networks, and digital infrastructure from unauthorized access, attacks, and data breaches. It addresses issues like copyright infringement, software piracy, trademark violations, and online intellectual property offenses. Cyber laws govern electronic transactions, contracts, digital signatures, online business activities, consumer protection, electronic payments, and dispute resolution. They safeguard individual liberty, privacy rights, and consumer freedom, promoting robust security measures and holding entities accountable for data breaches.
International treaties, accords, and initiatives encourage national cybersecurity cooperation. Some common categories of laws and rules in cybersecurity include HIPAA, GLBA, CISA, FISMA, NIS Directive, EU CRA, GDPR, and the Council of Europe Convention on Cybercrime (Budapest Convention).
The HIPAA and GLBA protect patient health information, while CISA promotes sharing cybersecurity threat information between government and private entities. FISMA governs federal data protection, while the GDPR harmonizes data privacy laws across Europe. Non-compliance can result in fines of up to €20 million or 4% of global annual turnover. The UN has resolutions on cybersecurity, emphasizing international cooperation in addressing cyber threats. The Council of Europe Convention on Cybercrime is the first legally binding instrument addressing cybercrime. Other organizations promote international cooperation in cybersecurity. International law governing cybersecurity and citizens’ liberties intersects through legal frameworks, human rights instruments, and principles of international law.
Legal and Regulatory Framework in India
India’s regulatory framework for cybersecurity and individual liberties includes the Information Technology Act, 2000, which recognizes electronic documents, digital signatures, and transactions. The IT Act has been amended over the years to address emerging threats and strengthen cybersecurity measures. The Information Technology (Amendment) Act, 2008 introduced significant amendments to the IT Act, including provisions on data protection, cybersecurity, and critical infrastructure protection.
The National Cyber Security Policy (NCSP) was introduced in 2013 to improve cybersecurity capabilities, promote collaboration, and mitigate threats. The National Cyber Coordination Centre (NCCC) coordinates cybersecurity efforts across government departments, while CERT-In, the national nodal agency for responding to cybersecurity incidents, operates under the Ministry of Electronics and Information Technology (MeitY).
The Digital Personal Data Protection Act of 2023 (DPDPA) focuses on automated processing of personal data, including AI, and aims to address cybersecurity breaches involving PD. Cyber-attacks involving PD may attract penalties under the DPDPA. The Digital India Act (DIA) aims to define and regulate high-risk AI systems through legal and institutional quality testing.
Government agencies like MeitY, the Ministry of Home Affairs, and the Ministry of Law and Justice oversee cybersecurity compliance through audits, inspections, and investigations. Courts play a crucial role in ensuring government actions comply with the law and respect individual liberties.
India’s regulatory framework for cybersecurity and liberty consists of laws, policies, oversight procedures, and judicial review. To reduce cyber dangers and preserve democracy, rule of law, and human rights, the Indian government has implemented necessary legislative frameworks, monitoring procedures, and security measures.
Role of government in regulating cybersecurity and protecting individual liberties
The task of government regulation of cybersecurity and protection of individual liberties is a multifaceted one that necessitates finding a middle ground between national security interests and individual freedoms. To achieve this, governments establish laws and regulations that outline cybersecurity standards, data protection measures, and protocols for handling cyber incidents. The primary objective of these laws is to safeguard critical infrastructure, personal data, and privacy rights, while also ensuring that security measures are proportionate and individual freedoms are respected.
Privacy laws are put in place to safeguard individuals’ personal information from unauthorized access, use, and disclosure. These laws often require organizations to obtain consent for data collection and processing, empower individuals with control over their data, and impose penalties for privacy violations. Government agencies are responsible for overseeing compliance with cybersecurity and privacy regulations, conducting audits, investigations, and taking enforcement actions against entities that fail to comply.
Transparency and accountability are key principles in cybersecurity efforts, achieved through the disclosure of information about policies, practices, and activities. This helps build trust with the public and ensures that government actions are subject to scrutiny and oversight. Courts also play a vital role in ensuring that government actions align with the law and respect individual liberties.
Governments incorporate safeguards for civil liberties into their cybersecurity policies and practices. These safeguards include limitations on government surveillance, restrictions on data collection and retention, and mechanisms for individuals affected by government actions to seek redress and appeal. Public participation and international cooperation are also crucial in addressing cross-border cybersecurity threats while safeguarding individual liberties.
Ultimately, it is imperative for governments to oversee cybersecurity regulations and safeguard personal freedoms online. By implementing cyber laws, monitoring regulatory compliance, promoting capacity-building programs, fostering international collaboration, and conducting judicial reviews, governments can maintain cybersecurity measures while respecting basic rights and liberties. Finding a harmonious equilibrium between security needs and individual freedoms enables governments to successfully combat cyber risks and establish a secure and open digital space for everyone.
Conclusion
Achieving a balance between technological advancement and human rights security is crucial in the digital age. While technology offers numerous benefits, it also poses significant challenges to individual rights and freedoms. Key considerations for achieving this balance include adopting a rights-based approach, upholding principles of proportionality and necessity, promoting transparency and accountability, engaging the public in decision-making processes related to technology, embracing ethical design and responsible innovation, fostering multi-stakeholder collaboration, and building capacity building and education.
A rights-based approach to technology regulation ensures that human rights principles guide the development, deployment, and regulation of technological innovations. This approach prioritizes fundamental rights like privacy, freedom of expression, and nondiscrimination, while ensuring proportionality and necessity in enhancing security and innovation. Public participation in technology decision-making fosters dialogue, transparency, and accountability, leading to more inclusive and rights-respecting solutions. Ethical design and responsible innovation practices mitigate potential human rights risks. Multi-stakeholder collaboration is crucial in addressing complex challenges at the intersection of technology and human rights. Education and training programs should emphasize digital literacy, cybersecurity awareness, data privacy rights, and responsible technology use.
[1] T.R.Malthus, in his famous book: An essay on the principle of population. 61,1798
[2] As C.G.Weeramantry puts in his article,“Human Rights and Scientific and Technological Progress” in Janusz Symonides(ed.), New Dimensions and Challenges for Human Rights 247(2003).
[3] Dr Egziabher has done study conducted by UN, Impact of Technology on Human Rights: Global Case Studies.(United Nations University Press, Tokyo,1993).
[4] As quoted by C.G.Weeramantry in the introduction of the study undertaken by UN, Impact of Technology on Human Rights
[5] C.G. Weeramantry (ed.), Impact of Technology on Human Rights
[6] United Nations Universal Declaration of Human Rights. Retrieved from: http://www.un.org/en/universaldeclaration-human-rights/
[7] GA Res 41/128 of 4 December 1986. Declaration on the Right to Development
[8] Acronis. (2023, June 29). Acronis’ mid-year cyberthreats report reveals 464% increase in email attacks. Acronis. Retrieved March 2, 2024, from https://www.acronis.com/en-us/pr/2023/acronis-mid-year-cyberthreats-report-reveals-464-increase-in-email-attacks/
[9] The Social Science Research Network, “Right of Privacy. Constitutional Issues and Judicial Responses in USA and India Particularly in Cyber Age”
[10] Daniel J. Solove, “Conceptualizing Privacy”, California Law Review, July 2002, Vol. 90, Issue 4, Composition 2, p. 1088
[11] Amit Anand Choudhary & Dhananjay Mahapatra, “Supreme Court gives India a private life”, The Times of India, August 25, 2017
[12]Urwin, M. (2024, February 23). Ai taking over jobs. Built In. Retrieved March 2, 2024, from https://builtin.com/artificial-intelligence/ai-replacing-jobs-creating-jobs
[13] International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts. 2001. UN Doc A/56/10.
[14] Wright, J. 2018. Chatham House, May 2018, “Cyberspace and International Regulation in the 21st Century.” speech
[15] Article 22 of the ILC’s Articles on State Responsibility
[16] Article 8 of the ILC’S Articles on State Responsibility
Cite this article as:
Anupriya, “Human Rights in the Age of Technological Advancements: Balancing Security and Liberty”, Vol.5 & Issue 5, Law Audience Journal (e-ISSN: 2581-6705), Pages 342 to 361 (20th April 2024), available at https://www.lawaudience.com/human-rights-in-the-age-of-technological-advancements-balancing-security-and-liberty.
