Technology and Human Rights Law
| Module title | Technology and Human Rights Law |
|---|---|
| Module code | LAW3173 |
| Academic year | 2024/5 |
| Credits | 15 |
| Module staff | Professor Ana Beduschi (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 50 |
|---|
Module description
Technology is a feature of our contemporary society: from our social media activities to GPS tracking on our smart phones; from online banking to the so-called smart homes; from biometric features on mobile phones to online shopping, digital technologies are increasingly present in our daily lives.
However, as technologies evolve, many legal issues arise in the field of the protection of human rights. For example, it is crucial to have our privacy and personal data protected also in the digital space, notably in light of the widespread state surveillance and cybersecurity issues.
In this module you will learn how human rights law responds to the challenges posed by new technologies. This module will enable you to acquire and deepen your understanding of human rights law, including the protection of privacy, data protection, freedom of expression, and due process in the digital age. You will have the opportunity to critically think about how the law should evolve to better tackle these issues, regulating innovation without hindering the development of new technologies.
No pre-requisite modules required. This module is recommended for law students. Knowledge of this area of law is a strong and desirable asset for students wishing to pursue a career in the private sector (e.g. information technology and law, human rights litigation etc.), NGO sector (e.g. human rights workers), and public sector alike
Module aims - intentions of the module
Living in a digital era offers many advantages for individuals and businesses alike. However, as new technologies evolve, a number of specific legal issues may arise. For example, are employers allowed to monitor employees’ text messages and activities on social media? Are states allowed to establish digital surveillance programmes based on bulk collection of personal data of all individuals in the name of national security? Is it possible to design privacy-compliant artificial intelligence? What are the legal avenues to rectify possible mistakes in the digital identification of individuals? Could big data, including social media data, be used for the protection of vulnerable individuals including migrants and victims of human trafficking? All of these questions and many more relate to the field of human rights law.
This module aims to give you the opportunity to assess how human rights law can tackle the issues posed by new technologies. The module aims to give you the necessary legal, theoretical and contextual background to understand topics such as privacy, data protection, freedom of expression, and due process in the digital age. Building on the case law of human rights courts, and in particular the European Court of Human Rights, the module aims to give you the opportunity to apply this legal knowledge to contemporary challenges. These include, for example, human rights obligations of technological companies, responsible innovation when it comes to artificial intelligence and automation, cybersecurity and the risks for human rights protection, digital identity and the protection of human rights.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate detailed knowledge of the protection of human rights law in the digital space, in particular of the European Convention on Human Rights and the European Court of Human Rights case law on the topics covered on the module.
- 2. Demonstrate critical awareness of a range of social and contextual implications of technology for the area of human rights law.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Integrate and assess relevant information from primary and secondary legal sources using appropriate interpretative techniques.
- 4. Select, synthesise and critically assess human rights normative provisions and their application by courts.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Present, coherently and reflectively, relevant legal and theoretical arguments.
- 6. Work independently, and manage time efficiently in preparing for scheduled learning activities, exercises and assessments.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
I. Foundations
- Introduction to technology and human rights law
- Privacy in the digital age 1 and 2
- Freedom of expression in the digital age 1 and 2
- Comparative approaches to data protection
II. Practical application & current challenges
- Technology companies and the protection of human rights
- Digital identity, blockchain and human rights protection
- Cybersecurity and human rights
- Big data and contemporary challenges
- Artificial intelligence and automation
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26.5 | 123.5 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 22 | 11 x 2 hour lectures |
| Scheduled Learning and Teaching Activities | 4.5 | 3 x 1.5 hour workshops |
| Guided Independent Study | 73.5 | Lectures and workshops preparation, to include advance reading and preparation of questions and activities |
| Guided independent study | 50 | Revision and assessment preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay | 1,250 words | 1-6 | Individual written feedback; oral feedback upon request |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 2,500 words | 1-6 | Individual written feedback; oral feedback upon request |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (2,500 words) | 1-6 | August/September reassessment period |
Indicative learning resources - Basic reading
Indicative reading list:
Ana Beduschi, ‘The Big Data of International Migration: Opportunities and Challenges for States under International Human Rights Law’ (2018) 49 Georgetown Journal of International Law.
Lee A. Bygrave, Data Privacy Law. An International Perspective (OUP, 2014)
Roger Brownsword, Eloise Scotford, and Karen Yeung (eds), The Oxford Handbook of Law, Regulation and Technology (OUP, 2017) – chapters 2, 18, 29, 30, 31, 39, 44.
Peter Carey, Data Protection: A Practical Guide to UK and EU law (OUP, 2018)
David Harris, Michael O'Boyle Colin Warbrick and Ed Bates, Law of the European Convention on Human Rights (OUP, 2018).
Christopher Kuner, Lee A. Bygrave, and Christopher Docksey, Commentary on the EU General Data Protection Regulation (OUP, 2018)
Clare Ovey and Robin C. A. White, Jacobs White & Ovey: The European Convention on Human Rights (OUP, 2017).
Susan Perry and Claudia Roda, Human Rights and Digital Technology (Palgrave, 2017)
Indicative learning resources - Web based and electronic resources
Ana Beduschi et al., ‘Building Digital Identities: the Challenges, Risks and Opportunities of Collecting Behavioural Attributes for New Digital Identity Systems’ (2017) available at http://socialsciences.exeter.ac.uk/media/universityofexeter/collegeofsocialsciencesandinternationalstudies/lawimages/research/Buiding_Digital_Identities_with_Behavioural_Attributes.pdf
https://hudoc.echr.coe.int/sites/eng/
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 20/02/2018 |
| Last revision date | 14/02/2023 |
