Human rights - Page 4 of 4

Is the Human Rights Framework Still Fit for the Big Data Era? A Discussion of the ECtHR’s Case Law on Privacy Violations Arising from Surveillance Activities external link

2015

Abstract

Human rights protect humans. This seemingly uncontroversial axiom might become quintessential over time, especially with regard to the right to privacy. Article 8 of the European Convention on Human Rights grants natural persons> a right to complain, in order to protect their individual interests, such as those related to personal freedom, human dignity and individual autonomy. With Big Data processes, however, individuals are mostly unaware that their personal data are gathered and processed and even if they are, they are often unable to substantiate their specific individual interest in these large data gathering systems. When the European Court of Human Rights assesses these types of cases, mostly revolving around (mass) surveillance activities, it finds itself stuck between the human rights framework on the one hand and the desire to evaluate surveillance practices by states on the other. Interestingly, the Court chooses to deal with these cases under Article 8 ECHR, but in order to do so, it is forced to go beyond the fundamental pillars of the human rights framework.

RIS

TY  - GEN
AU  - van der Sloot, B.
PY  - 1215
DA  - 2015-12-15
T1  - Is the Human Rights Framework Still Fit for the Big Data Era? A Discussion of the ECtHR’s Case Law on Privacy Violations Arising from Surveillance Activities
AB  - Human rights protect humans. This seemingly uncontroversial axiom might become quintessential over time, especially with regard to the right to privacy. Article 8 of the European Convention on Human Rights grants natural persons> a right to complain, in order to protect their individual interests, such as those related to personal freedom, human dignity and individual autonomy. With Big Data processes, however, individuals are mostly unaware that their personal data are gathered and processed and even if they are, they are often unable to substantiate their specific individual interest in these large data gathering systems. When the European Court of Human Rights assesses these types of cases, mostly revolving around (mass) surveillance activities, it finds itself stuck between the human rights framework on the one hand and the desire to evaluate surveillance practices by states on the other. Interestingly, the Court chooses to deal with these cases under Article 8 ECHR, but in order to do so, it is forced to go beyond the fundamental pillars of the human rights framework.
K1  - Big data
K1  - conventionality
K1  - Grondrechten
K1  - Human rights
K1  - individual harm
K1  - mass surveillance
K1  - Privacy
K1  - societal interest
ER  -

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Bibtex

Other{nokey,
	title = {Is the Human Rights Framework Still Fit for the Big Data Era? A Discussion of the ECtHR’s Case Law on Privacy Violations Arising from Surveillance Activities},
	author = {van der Sloot, B.},
	url = {http://www.ivir.nl/publicaties/download/1701.pdf},
	year = {1215},
	date = {2015-12-15},
	abstract = {Human rights protect humans. This seemingly uncontroversial axiom might become quintessential over time, especially with regard to the right to privacy. Article 8 of the European Convention on Human Rights grants natural persons> a right to complain, in order to protect their individual interests, such as those related to personal freedom, human dignity and individual autonomy. With Big Data processes, however, individuals are mostly unaware that their personal data are gathered and processed and even if they are, they are often unable to substantiate their specific individual interest in these large data gathering systems. When the European Court of Human Rights assesses these types of cases, mostly revolving around (mass) surveillance activities, it finds itself stuck between the human rights framework on the one hand and the desire to evaluate surveillance practices by states on the other. Interestingly, the Court chooses to deal with these cases under Article 8 ECHR, but in order to do so, it is forced to go beyond the fundamental pillars of the human rights framework.},
	keywords = {Big data, conventionality, Grondrechten, Human rights, individual harm, mass surveillance, Privacy, societal interest},
}

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Back to Black: justice.cn external link

Tsoutsanis, A.

Journal of Intellectual Property Law & Practice, num: 10, pp: 725., 2015

Abstract

This short - peer reviewed - article touches on innovation in China in the field of smart phones, recent legislative reform in China for fostering intellectual property and combating counterfeit and trade mark grabbing. It also touches on human rights in China, the different approach in which the West advances its economic v human rights agenda and the selective way Silicon Valley industry participates in grass roots debate on civil liberties. The article also touches on the 'right to seek counsel' as one of the fundamental rights, which many arrested lawyers in China were deprived of during the July 2015 arrests.

RIS

TY  - JOUR
AU  - Tsoutsanis, A.
PY  - 1015
DA  - 2015-10-15
T1  - Back to Black: justice.cn
JO  - Journal of Intellectual Property Law &amp; Practice
NV  - 10
SP  - 725.
AB  - This short - peer reviewed - article touches on innovation in China in the field of smart phones, recent legislative reform in China for fostering intellectual property and combating counterfeit and trade mark grabbing. It also touches on human rights in China, the different approach in which the West advances its economic v human rights agenda and the selective way Silicon Valley industry participates in grass roots debate on civil liberties. The article also touches on the \'right to seek counsel\' as one of the fundamental rights, which many arrested lawyers in China were deprived of during the July 2015 arrests.
K1  - bad faith
K1  - China
K1  - counterfeit
K1  - Fundamental rights
K1  - Human rights
K1  - innovation
K1  - Intellectual property
K1  - national security law
K1  - Patent law
K1  - Trademark law
ER  -

Save .RIS

Bibtex

Article{nokey,
	title = {Back to Black: justice.cn},
	author = {Tsoutsanis, A.},
	url = {http://ssrn.com/abstract=2667516},
	year = {1015},
	date = {2015-10-15},
	journal = {Journal of Intellectual Property Law &amp; Practice},
	number = {10},
	pages = {725.},
	abstract = {This short - peer reviewed - article touches on innovation in China in the field of smart phones, recent legislative reform in China for fostering intellectual property and combating counterfeit and trade mark grabbing. It also touches on human rights in China, the different approach in which the West advances its economic v human rights agenda and the selective way Silicon Valley industry participates in grass roots debate on civil liberties. The article also touches on the \'right to seek counsel\' as one of the fundamental rights, which many arrested lawyers in China were deprived of during the July 2015 arrests.},
	keywords = {bad faith, China, counterfeit, Fundamental rights, Human rights, innovation, Intellectual property, national security law, Patent law, Trademark law},
}

Save .bib

Keyword: Human rights

Is the Human Rights Framework Still Fit for the Big Data Era? A Discussion of the ECtHR’s Case Law on Privacy Violations Arising from Surveillance Activities external link

Abstract

Links

RIS

Bibtex

Back to Black: justice.cn external link

Abstract

Links

RIS

Bibtex