Blog

Select a blog category

The Unconstitutionality of the “Publication of Notice of Intended Marriage” clause under the Indian Special Marriage Act

Ayush Mishra - 14th September 2020

Equality and Non-Discrimination| Freedom of Expression| Relationship Rights| Right to Privacy

The Special Marriage Act was enacted in 1954 to allow citizens of India to solemnize inter-faith and inter-caste marriages without the need to renounce their religion. The Supreme Court of India, however, has recently accepted a petition challenging the constitutionality of Section 6 of the act that mandates the Marriage Officer to publish the notice […]

Read full article »

Ensuring the lawfulness of automated facial recognition surveillance in the UK

Martin Kwan - 3rd September 2020

Equality and Non-Discrimination| Right to Privacy

In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV camera­­s capture images of the public, which are then compared with digital images of persons on a watchlist. The use of AFR […]

Read full article »

OxHRH

Temporary Exclusion Orders and the Right to a Fair Hearing in the UK

Sapan Maini-Thompson - 4th June 2020

Access to Justice| Right to Privacy

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 […]

Read full article »

OxHRH

Does India’s covid-19 Contact Tracing App Violate Digital Rights?

Ashi Mehta - 11th May 2020

Media Privacy and Communications| Right to Privacy

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 […]

Read full article »

OxHRH

Covering Up for the Face Covering Regulation: A Janus-Faced Position

Edward Lui and Thomas Yeon - 24th April 2020

Right to Privacy

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 […]

Read full article »

OxHRH

El Gizouli: Mutual Legal Assistance Meets Data Protection

Tim Cochrane - 13th April 2020

Right to Privacy

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 […]

Read full article »

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. […]

Read full article »

OxHRH

JCHR Report: The Right to Privacy (Article 8) and the Digital Revolution

Tim Cochrane - 18th December 2019

Right to Privacy

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 […]

Read full article »

OxHRH

Why the Digitization of Welfare States is a Pressing Human Rights Issue

Christiaan van Veen - 18th December 2019

Right to Privacy

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 […]

Read full article »

OxHRH

Anti-mask Law Ruled a Disproportionate Infringement of Rights Amidst Political Upheaval in Hong Kong

Valerie Kwok - 13th December 2019

Right to Privacy

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 […]

Read full article »

OxHRH

Protecting the right to privacy against doxxing: injunction as the only effective means

Martin Kwan - 1st November 2019

Right to Privacy

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. […]

Read full article »