IGF 2020 WS #223 Privacy & Access: upholding HRs in times of crisis

Description:

Amid moments of crisis, such as this year’s public health and socioeconomic crises caused by the COVID-19 pandemic, governments face new challenges. In many cases, they have had to rapidly review some of the procedures aimed to provide access to official information and protect the privacy of citizens. This has often posed additional challenges to interpreting the scope and application of these two fundamental rights. Deciding on the availability of access to information and the applicability of restrictions to the right to privacy exemption are among lessons to be learned vis a vis future public health crises. It is especially important since the two rights – access and privacy – are often monitored and implemented by the same institutions. There is a growing consensus that life-saving actions and informed policy decisions depend on access to information, especially in times of crisis. Limiting the right to information does more harm than good, and the public’s access to official information must be implemented based on existing international norms and principles. The COVID-19 pandemic, what UN Secretary-General Antonio Guterres has called humanity’s greatest threat since World War II, has required many countries to review their activities and resources in many fields, including access to information and privacy. While some governments have proactively released public health data, others have gone in the other direction, clamping down whistleblowers, attacking journalists, restricting free speech, and shutting off access to the internet and social messaging platforms and services. Any restrictions to these rights should be justified; for example, limits to accessing public information could legitimately be permitted if authorities of particular institutions are overburdened by extraordinary demand, or to protect the health of staff members are under quarantine measures for their own health and safety. Any limitations on access to official information, including the suspension of specific legal clauses, must be laid out by law, have a legitimate aim, be necessary and proportionate to the aim of protecting public health, and limited by the duration of the crisis. The panel will discuss how to achieve both – adjust to the crisis and uphold the right to information. Another issue related issue to be addressed by the panel is the impact of the right to privacy during the COVID-19 pandemic, particularly through the use of digital technologies. In recent years, the rapid development of new digital technologies and services, including artificial intelligence and algorithmic decision-making, has presented new questions related to the right to privacy. Such technologies have allowed for the collection and sharing of unprecedented amounts of data. At the same time, this data is often collected, used and held by private sector companies for the purpose of personalized advertising, in some cases posing direct threats to the right to privacy. The release of some such data-sets risks revealing sensitive health information, especially when triangulated. In addition, technologies for mass surveillance to trace the spread of the virus and the enforcement of quarantine measures—including through geolocation, facial recognition and thermal checks—present unique risks to privacy and personal data protection. Often implemented by governments in partnership with tech companies, more transparency is needed to ensure that the processes for the collection, processing and retention of data follows data protection requirements and international human rights standards This session will share good practices regarding how to uphold the right to access information and the right to privacy, as well as strengthen proactive disclosure of information and ensure enabling environments for all, and in particular journalists and whistleblowers, in times of crisis.