|
||||||||
|
How Can We Use Information Technology
to Enhance and Strengthen Human Rights?: Jerry Vink, Director, Newfoundland-Labrador Human Rights Association Information Technology is growing at a rapid pace. Its applications are expanding and reaching into areas that were not even considered feasible a few years ago. At the same time, our service delivery structures are also undergoing rapid changes. These innovations are motivated by varied and often contradictory demands such as reduced funding and a reduction in federal transfers. There are also new expectations of the kind of services that we want, and often there is an assumption that the private sector can do better than the public one. The new Information Technology is commonly overlooked as a cause of these structural changes. Yet it can be argued that in many instances it is a major factor in this process. A recent example in Newfoundland and Labrador is the merging of the Departments of Health and Social Services. The new ministry also includes elements of the Departments of Justice and Education, especially those sectors that deal with services to youth and children. The philosophical basis for this merging is that health, both individual and public, involves more than just the clinical treatment of a disease. Lack of employment and chronic dependence on social services can cause psychological and even physical problems. Equally, the roots of many manifestations of juvenile delinquency and poor educational performances can be traced to medical conditions. Thus merging the two ministries is motivated by a variety of perspectives, mostly based on a broad definition of Health. The increasing role of Information Technology is not the driving force for this merger, though it does provide a means to facilitate the process. Many people are not convinced of the advantages of Information Technology. As it becomes more common and as it touches more and more facets of our existence, it tends to generate one of three responses: 1. Opposition to the introduction of Information Technology based on the belief that Information Technology will compromise Human Rights. 2. Commitment to the introduction of Information Technology based on the belief that Human Rights can be protected through technological safeguards such as firewalls, passwords and sophisticated encryption. Nevertheless, proponents of this course of action often agree that a certain reduction in the scope of Human Rights will occur. 3. Incremental introduction of Informational Technology based on the belief that only after exhaustive debate on the level of compromise of Human Rights can we introduce the next step of technological implementation. What is often overlooked in the debate about Information Technology and Human Rights is that it does not have to be an either/or situation. It is possible to embrace the many advantages of the application of Information Technology without diminishing the scope of Human Rights. Especially in the field of medical and related applications, the right to privacy may seem to be most endangered. However, Information Technology can be viewed, not as a challenge to long defined rights, but rather as a means to enhance and strengthen human rights. An unrelated, but nevertheless appropriate, example of this position is the use of cam recorders to document human rights abuses. Traditionally authorities were able to get away with violations because there were no records or witnesses that could not easily be smuggled out of the country to prove that these events had occurred. With the new technology, it is possible to prevent many abuses because the powers-that-be can never be sure that their actions are not recorded. Most satisfying is that the debate about Information Technology involves various interpretations of Human Rights. This renewed interest in Human Rights has led to a greater emphasis on the Universal Declaration of Human Rights and the international human rights instruments, an interest especially appropriate at a time when we are commemorating the 50th Anniversary of the Declaration. Privacy, one of the core values of human existence, acts as a glue holding human rights together. For example, one cannot conceive of a fundamental freedom of assembly or conscience without an accompanying right to privacy. If a person's meetings are monitored, as is common in dictatorships, then the exercise of the right to assembly is greatly reduced. Equally, the fundamental freedom of conscience or religion is dependent on the exchange of information and the testing of those views against those of others. If the exercise of this freedom is recorded and compiled into files by agents of the state, personal privacy is severely compromised. Clearly the right to privacy is not only the glue, but also a major precondition for the development and the fostering of human rights, the cornerstone of a free and democratic society, Privacy needs to be preserved and protected because once it is diminished or lessened it cannot easily be regained. Personal information is defined as information about an individual that is recorded in any form, and includes information relating to his or her race, religion, marital status, education, criminal or employment history, and their personal views or the views of others about them. Once such personal information has been collected and is retained beyond one's control, it can be used in ways that are contrary to one's beliefs and convictions. Moreover, it can also be used against that person in ways that are detrimental and contrary to all concepts of fundamental justice. Any discussion of privacy, human rights and information technology must start with the realization that the people who formulated the Universal Declaration of Human Rights were unaware of how great the potential of abuse of technology could be fifty years later. Nevertheless, they did formulate a number of principles which are strong enough to allow us to deal with the new technologies. As examples, Article Three guarantees the right to security of person and Article Twelve guarantees protection against arbitrary interference with one's privacy. These articles, as well as those in the International Covenant on Economic, Social and Cultural Rights, can be enhanced through the development of guidelines, statutes, laws and legal interpretations. In this respect we must promote the doctrine of Progressive Interpretation of the Universal declaration. The Universal Declaration of Human Rights is a global constitution and in that respect similar to national constitutions. Lord Sankey, writing a legal opinion in 1930 that determined that women were "persons", used the metaphor that a constitution is like a " living tree capable of growth and expansion within natural limits". This interpretation is most appropriate for our purpose. The principles in the Declaration are timeless and therefore as valid today as they were in 1948. We must therefore adapt its ideals to the present and to the new Information Technology through a progressive interpretation. The basic right to privacy has been defined. The challenge is to develop laws, regulations, legal interpretations and other tools to ensure that privacy remains a commonly held value and right. To enhance and strengthen human rights through the new Information Technology, we must therefore focus on the following: 1. Criminal Code: The Criminal Code must be strengthened to deal more effectively with violations of privacy. Intrusion of privacy must be made a serious criminal offense equal to, if not more serious, than property crimes. Public prosecutors must be given the tools to charge offenders and to demand strong sentences for violations of human rights. The onus should never be on the individual to challenge violators of privacy laws because of the disparity of resources. 2. Civil Code: The Civil Codes must also be strengthened to allow redress for those whose rights have been violated and to obtain indemnities that are truly a burden on the violators. 3. Privacy Commissions: Development of an expanded system of Privacy Commissioners, similar to the Human Rights Commissions but with improved and expanded powers and resources, must be implemented to ensure compliance with privacy codes and regulations. 4. International Standards and Legislation: There must be a commitment to the development of international standards and legislation to back up the national laws and Privacy Commissioners. This includes the implementation of an International Charter on the Right to Privacy. This is important if we consider the global nature of the applications of Information Technology. National legislation normally stops at a country's borders but the applications of Information Technology span the globe. 5. Development of Appropriate Privacy Guidelines and Protocols: This is another important element to protect the right to privacy. There are already some excellent basic guidelines and protocols such as those developed by the Canadian Standards Association and the Organization for Economic Co-operation and Development. They can be refined and adapted to many situations. Obviously these are still works-in-process, but they are a good starting point for the development of guidelines in every sector of activity where information is collected and used. 6. Public and Private Sectors: The distinction between the public and private sectors are much more fuzzier than they were a mere decade ago. Most agree that there must be strict legislation to protect us from the danger of excessive government intrusion into our private lives. Unfortunately, this consensus does not exist when the matter of the private sector is raised. However, considering such facts as privatization and linkages between the private and public institutions, it would be prudent to ensure that we direct the same attention to regulating the applications of Information Technology by the private sector. 7. Human Rights Education: The scope of understanding of Human Rights must be expanded through improved human rights education in the primary, elementary and secondary school systems. Only if one is aware of one's rights can one demand that they be respected. At present, too many people feel helpless or intimidated when their privacy rights are violated. This sentiment is rooted in a lack of knowledge of their human rights and how to obtain redress. 8. Consensus Building and Empowerment: This is probably the most important means to protect our right to privacy. People can only be empowered if they all agree that WE ARE THE TRUE OWNERS OF OUR PERSONAL INFORMATION and therefore have the right to determine what happens to it. It is not the doctor, or the specialist, or the hospital or government that owns the information. They are only the guardians of the information and its use has to be consented to by people themselves. 9. Audit Functions: If we are the owners of the information, then we must develop the means to allow us to audit the information and to determine who has access and who has used the data. This requires educated consumers who have the means and knowledge to supervise the information files that are maintained on them. The recommendations outlined so far should do much to strengthen and protect the right to privacy. However, this must be accompanied by continuing research to develop New Technologies. Technological means of protection such as encryption and firewalls must continue to be developed. Obviously this is an on-going process. As defenses are established, those seeking to violate privacy will find new means to penetrate them. Information Technology in itself is neither good nor bad and therefore neither detracts from or enhances Human Rights. Dangers arise when it is used in ways that harm our enjoyment of Human Rights and Civil Liberties. However, if people are committed to the dignity and inherent worth of men and women, this new technology can be a tool to enhance and strengthen Human Rights.
|
|||||||
 |
© 2007 Atlantic Human Rights Centre, St. Thomas University |
|||||||
