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Sapan Maini-Thompson - 4th June 2020
In QX v Secretary of State for the Home Department [2020], the UK High Court reached a landmark preliminary decision that ECHR Article 6 applies to the judicial review of obligations imposed under a Temporary Exclusion Order (TEO). The Court further held that the claimant is entitled to the level of disclosure outlined in SSHD […]
Ashi Mehta - 11th May 2020
On 14 April 2020, during his speech on the extension of the lockdown in India, Prime Minister Narendra Modi urged citizens to download the Aarogya Setu app to supplement the state’s efforts in battling the COVID-19 pandemic. Its download was once pitched as a voluntary step taken by citizens, but a directive now makes this […]
Edward Lui and Thomas Yeon - 24th April 2020
The storm over Hong Kong’s rule of law rages on, as the Court of Appeal (the “Court”) delivered the judgment of Leung Kwok Hung v Secretary for Justice, which partially upheld the controversial Prohibition on Face Covering Regulation (“PFCR”). The facts were simple: the Government enacted the PFCR last year to curb anti-government protests. Section […]
Tim Cochrane - 13th April 2020
On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for […]
Divij Joshi - 26th March 2020
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. […]
Daniel Cullen - 16th March 2020
On 30 January 2020, the High Court of Kenya – the first level of the country’s superior courts, whose decisions can be appealed to the Court of Appeal and Supreme Court – handed down its judgment in the case of Nubian Rights Forum and Others v Attorney General. The case concerned a challenge to the […]
Tim Cochrane - 18th December 2019
On 3 November 2019, the Joint Committee on Human Rights (JCHR) published a report on The Right to Privacy (Article 8) and the Digital Revolution. The report highlights ways in which privacy rights risk being undermined by technology companies online, and proposes recommendations for reform. While some of the report’s findings are underdeveloped, on the […]
Christiaan van Veen - 18th December 2019
In this blog post, Director of NYU Law’s Digital Welfare State and Human Rights Project, Christiaan van Veen, discusses a report presented by United Nations Special Rapporteur on extreme poverty and human rights, Philip Alston, to the UN General Assembly. The recent report by the UN Special Rapporteur on extreme poverty and human rights, prepared […]
Valerie Kwok - 13th December 2019
Not only has the Hong Kong anti-government movement not died down after 6 months, but it has escalated. The government seems to think that it is worth suspending human rights guarantees in the expense of peace. Injunction is granted against violence-inciting online comments, limiting the freedom of speech. The most recent spotlight is the judgement […]
Martin Kwan - 1st November 2019
Doxxing refers to the act of researching one’s private information (e.g. home address) and then exposing it publicly (usually by posting it on the internet). It is a form of cyber-harassment. In Hong Kong, given the recent political upheaval, the police are on bad terms with some citizens. There is distrust and dislike between them. […]