Human Rights and Modern Technologies
| Module title | Human Rights and Modern Technologies |
|---|---|
| Module code | LAWM129 |
| Academic year | 2021/2 |
| Credits | 30 |
| Module staff | Professor Ana Beduschi (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 10 |
|---|
Module description
Technology currently permeates every aspect of our lives in our contemporary society. From GPS tracking on our smart phones to our social media activities; from artificial intelligence-powered smart assistants to face recognition, digital technologies have become part of our current reality.
As technologies evolve, many legal issues arise in the field of the protection of human rights law. For example, privacy and data protection rights should be secured in the digital space, notably considering the ever so important issues of state surveillance and cybersecurity. Similarly, inherent biases in artificial intelligence can lead to discrimination based on race, gender or other grounds which are expressly prohibited by international human rights law.
In this module you will learn how human rights law responds to the challenges posed by new technologies. You will acquire and deepen your understanding of human rights law, including the protection of privacy, data protection, freedom of expression, non-discrimination 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.
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
This module aims to give you the opportunity to critically evaluate how human rights law can tackle the issues posed by new technologies such as artificial intelligence, blockchain technologies, and big data analytics. Examples of these issues relate to whether state authorities should be allowed to establish digital surveillance programmes based on bulk collection of personal data of all individuals in the name of national security; whether employers should be allowed to monitor employees’ text messages and activities on social media; whether privacy-compliant and ethical artificial intelligence is a possibility; whether there can be legal avenues to rectify possible mistakes in the digital identification of individuals using blockchain technologies; whether big data, including social media data, could be used for the protection of vulnerable individuals including migrants and victims of human trafficking.
The module aims to give you the necessary legal, theoretical and contextual background to understand topics such as privacy, data protection (including the General Data Protection Regulation – GDPR), freedom of expression, non-discrimination and due process in the digital age. Building on the case law of international human rights courts, in particular the European Court of Human Rights, but also exploring relevant decisions of the Court of Justice of the European Union, 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 deep and systematic knowledge and understanding of the legal principles and the core provisions of International Human Rights Law as applicable to the regulation of new technologies;
- 2. Undertake complex critical evaluation of the main legal rules, theories and concepts laid down by the case law of supranational courts;
- 3. Identify, explain and evaluate legal problems posed by the development of new technologies and critically relate these to the regime of international human rights law;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts, principles, institutions and procedures and the ability to evaluate systematically the relationships among them;
- 5. Demonstrate deep and systematic knowledge and understanding of general principles of law and critical awareness of their contextual and political implications;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. Communicate effectively, confidently and autonomously in a range of complex and specialised contexts;
- 7. Work independently, effectively, 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
Freedom of expression online
Comparative approaches to data protection
Non-discrimination and due process
II. Practical application & current challenges
Technological companies and the protection of human rights
Digital identity, blockchain and human rights protection
Cybersecurity and international human rights law
Big data and the protection of vulnerable groups
Artificial intelligence and international human rights law
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 270 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 30 | 10 Lecturer-led seminars of 3 hours each. Students are expected to make at least one presentation supported by a written essay during the seminars. |
| Guided Independent Learning | 70 | Reading assignments |
| Guided Independent Learning | 100 | Preparation for formative assessments |
| Guided Independent Learning | 100 | Preparation for the summative assessments |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay | 1,500 words | 1-7 | Written feedback |
| Individual oral presentation during the seminars | 15 minutes | 1-7 | Written and oral feedback |
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 on a topic proposed by the student (within the areas covered by the module) | 50 | 3,750 words | 1-7 | Written feedback |
| Essay on a topic set by the lecturer | 50 | 3,750 words | 1-7 | Written feedback |
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 1 | Essay 1 (3,750 words) | 1-7 | August/September reassessment period |
| Essay 2 | Essay 2 (3,750 words) | 1-7 | August/September reassessment period |
Indicative learning resources - Basic reading
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.
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.
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)
Olivier De Schutter, International Human Rights Law. Cases, Materials, Commentary (CUP, 2014)
Indicative learning resources - Web based and electronic resources
European Convention of Human Rights: http://www.echr.coe.int/
Jurisprudence of the European Court of Human Rights: https://hudoc.echr.coe.int/sites/eng/
Council of Europe website: http://www.echr.coe.int
Court of Justice of the European Union: https://curia.europa.eu/
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
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 19/11/2018 |
| Last revision date | 27/08/2019 |
