INTRODUCTION
Digital technology is integrating into our
everyday lives at an ever-increasing rate. The
digital interface is now the conduit for many
of our interactions and activities and has
altered, probably irreversibly, the way that we
communicate and socialise with one another.
We produce vast amounts of data about ourselves
in a variety of contexts through our use of smart
phones and social media, our consumer activity,
our use of on-line search engines, and our
interactions with public services and institutions.
Digital technology has
created a symbiotic
relationship of sorts.
It enables us to access
and share information
for our own benefit.
At the same time, the
data we generate is
of immense value to
the public and private
entities that facilitate
and control our
digital interactions.
In this respect, digital technology has created
a symbiotic relationship of sorts. It enables us
to access and share information for our own
benefit. At the same time, the data we generate
is of immense value to the public and private
entities that facilitate and control our digital
interactions.
While this has the potential to produce great
benefits and improve social outcomes, it also
poses risks to our fundamental human rights.
The surveillance and collection of vast amounts
of personal information and meta data, and the
processing of such data using new analytical
techniques, has major implications for our
right to privacy and our right to be free from
discrimination.
The impact of digital technology on the right
to privacy is of particular significance. Privacy
is central to our enjoyment of personal dignity
and autonomy. It enables the expression of
individuality, facilitates trust, friendship and
intimacy, empowers the individual against the
state and is necessary for securing other human
rights, such as the right to freedom of expression
and opinion.
This paper provides a high-level summary of the
key international and domestic human rights
standards and principles that can guide legal and
policy frameworks in responding to the rapid
advance of digital technology. It is intended
to assist anyone in New Zealand engaging
in advocacy, research, policy or legislative
development in this area, as well as those with a
general interest in these issues.
Part I of the paper sets out the international
human rights framework that applies to
surveillance and personal data, with a focus on
the right to privacy. Part II provides an overview
of the legal and policy framework that applies in
New Zealand and Part III outlines the permissible
limitations on the right to privacy. Part IV
discussed the safeguards that States should
put in place to prevent adverse human rights
impacts. This is followed by an overview of the
remedies available for human rights violations
relating to surveillance and personal data in Part
V. The paper concludes with a focus on some of
the emerging human rights challenges arising in
the digital age.
These emerging challenges include the
responsibilities of private businesses in this area.
While governments are primarily responsible for
protecting human rights, businesses also have a
duty to respect human rights, as set out in the
United Nations Guiding Principles on Business
and Human Rights (UNGPs). While this paper
touches on the UNGPs, it is mainly focused on
public sector obligations. Nevertheless, we
hope that businesses and other private sector
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