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Dutch Court Provides Valuable Precedent for Human Rights in the Digital Welfare State

Divij Joshi - 26th March 2020

Media Privacy and Communications| Right to Privacy

Even as the use of technologies utilising ‘artificial intelligence’ and ‘big data’ proliferates in the public sector, their compatibility with human rights norms and constitutional rights has been circumspect. Investigations into the ‘digital welfare state’ reveal that the implementation of automated decision-making tools within essential government services is prejudicing the human rights of welfare dependents. […]

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Facial Recognition Technology: The High Court’s flawed approach to information privacy

Sapan Maini-Thompson - 24th February 2020

Media Privacy and Communications

In September 2019, the English High Court ruled the use of automated facial recognition technology (AFR) by South Wales Police Force was consistent with ECHR Article 8 and data protection legislation. Facial recognition technology harnesses a new form of biometric data, which engages a novel aspect of information privacy. By failing to interrogate how and […]

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The Human Rights Implications of China’s Social Credit System

Vrinda Vinayak - 6th September 2019

Media Privacy and Communications

The issue of importing human rights to the digital sphere, especially in the context of state surveillance, has elicited extensive debate. China’s social credit system is the epitome of the disastrous consequences of technological advancement without a commensurate commitment to human rights. This system surveils every online and offline action of Chinese citizens, and increases […]

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A Tale of Two Prime Ministers? Internet Shutdowns Gagging Free speech in Ethiopia

Yohannes Eneyew Ayalew - 18th July 2019

Freedom of Expression| Media Privacy and Communications

In the month of June 2019, Ethiopia encountered two major internet shutdown measures following a potential fear of leakage of school exams over the internet, and high profile assassinations. This blog post briefly sheds light on internet shutdowns during the reign of successive prime ministers of Ethiopia, and its impact on free speech. Internet shutdown […]

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Canadian Children have a Reasonable Expectation of Privacy at School

Michelle Bright - 20th March 2019

Media Privacy and Communications

In R. v. Jarvis, the Supreme Court of Canada confirmed that children can reasonably expect that they will not be the subject of surreptitious recording by their teachers at school. High school teacher Ryan Jarvis was charged with voyeurism contrary to section 162(1)(c) of the Criminal Code of Canada after he secretly recorded female students while […]

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Under India’s New Intermediary Rules, Fundamental Rights Take Backstage

Purushotham Kittane - 15th March 2019

Freedom of Expression| Media Privacy and Communications

The Indian Government’s Information Technology Ministry had recently invited comments on proposed amendments to the existing guidelines for intermediaries mainly governing how social networks (and other intermediaries) facilitate the flow of information. Through this, the State seeks to come down harshly on the spread of fake news. This comes to fore as the world’s largest […]

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India’s Expanding Surveillance Scheme Violates the Right to Privacy

Aniruddh Nigam - 5th February 2019

Media Privacy and Communications

On 20 December, 2018, the Ministry of Home Affairs in India issued an office order authorising a plethora of security and intelligence agencies to intercept, monitory and decrypt all personal data on computers and networks in India. The carte blanche nature of this authorisation raises significant concerns for the protection of the right to privacy in […]

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An Analysis of the Banning of the Hong Kong National Party and the Legitimate Restrictions on Freedom of Expression

Stephanie Tai - 28th November 2018

Media Privacy and Communications

  On 24th September 2018, Secretary of Security John Lee issued a ban on the Hong Kong National Party (“the National Party”) under the Societies Ordinance on the basis that the National Party posed a “real threat to national security”. Section 8(1)(a) of the Societies Ordinance states that the Secretary for Security may prohibit the […]

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Aadhaar Verdict: A Middle Path

Nidhi Singh and Kushagra Mishra - 1st November 2018

Media Privacy and Communications

The Supreme Court of India has emerged as a strong force in safeguarding the Constitutional values, and has had a memorable term of landmark verdicts, dealing with questions that relate to privacy, individual liberty and sexual freedom, to name a few. The Supreme Court in mid-2017 took the issue of ‘citizen’s privacy’, as discussed here. […]

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