From 71c4467bb66e744a6553794cd112f176aa454073 Mon Sep 17 00:00:00 2001 From: 46halbe <46halbe@berlin.ccc.de> Date: Fri, 3 Apr 2020 00:01:03 +0000 Subject: committing page revision 1 --- updates/2020/pandemie-menschenrechte.en.md | 111 +++++++++++++++++++++++++++++ 1 file changed, 111 insertions(+) create mode 100644 updates/2020/pandemie-menschenrechte.en.md (limited to 'updates/2020') diff --git a/updates/2020/pandemie-menschenrechte.en.md b/updates/2020/pandemie-menschenrechte.en.md new file mode 100644 index 00000000..1660971d --- /dev/null +++ b/updates/2020/pandemie-menschenrechte.en.md @@ -0,0 +1,111 @@ +title: Joint civil society statement: States use of digital surveillance technologies to fight pandemic must respect human rights +date: 2020-04-03 00:01:03 +updated: 2020-04-03 00:01:03 +author: 46halbe +tags: update, pressemitteilung + +The COVID-19 pandemic is a global public health emergency that requires a coordinated and large-scale response by governments worldwide. However, States’ efforts to contain the virus must not be used as a cover to usher in a new era of greatly expanded systems of invasive digital surveillance. + +<!-- TEASER_END --> + +We, the undersigned organizations, urge governments to show leadership +in tackling the pandemic in a way that ensures that the use of digital +technologies to track and monitor individuals and populations is carried +out strictly in line with human rights. + +Technology can and should play an important role during this effort to +save lives, such as to spread public health messages and increase access +to health care. However, an increase in non-consensual state digital +surveillance powers, such as obtaining access to mobile phone location +data, threatens privacy, freedom of expression and freedom of +association, in ways that could violate rights and degrade trust in +public authorities – undermining the effectiveness of any public health +response. Such measures also pose a risk of discrimination and may +disproportionately harm already marginalized communities. + +These are extraordinary times, but human rights law still applies. +Indeed, the human rights framework is designed to ensure that different +rights can be carefully balanced to protect individuals and wider +societies. States cannot simply disregard rights such as privacy and +freedom of expression in the name of tackling a public health crisis. On +the contrary, protecting human rights also promotes public health. Now +more than ever, governments must rigorously ensure that any restrictions +to these rights is in line with long-established human rights +safeguards. + +This crisis offers an opportunity to demonstrate our shared humanity. We +can make extraordinary efforts to fight this pandemic that are +consistent with human rights standards and the rule of law. The +decisions that governments make now to confront the pandemic will shape +what the world looks like in the future. + +We call on all governments not to respond to the COVID-19 pandemic with +increased digital surveillance unless the following conditions are met: + +1. Surveillance measures adopted to address the pandemic must be + lawful, necessary and proportionate. They must be provided for by + law and must be justified by legitimate public health objectives, as + determined by the appropriate public health authorities, and be + proportionate to those needs. Governments must be transparent about + the measures they are taking so that they can be scrutinized and if + appropriate later modified, retracted, or overturned. We cannot + allow the COVID-19 pandemic to serve as an excuse for indiscriminate + mass surveillance. +2. If governments expand monitoring and surveillance powers then such + powers must be time-bound, and only continue for as long as + necessary to address the current pandemic. We cannot allow the + COVID-19 pandemic to serve as an excuse for indefinite surveillance. +3. States must ensure that increased collection, retention, and + aggregation of personal data, including health data, is only used + for the purposes of responding to the COVID-19 pandemic. Data + collected, retained, and aggregated to respond to the pandemic must + be limited in scope, time-bound in relation to the pandemic and must + not be used for commercial or any other purposes. We cannot allow + the COVID-19 pandemic to serve as an excuse to gut individual’s + right to privacy. +4. Governments must take every effort to protect people’s data, + including ensuring sufficient security of any personal data + collected and of any devices, applications, networks, or services + involved in collection, transmission, processing, and storage. Any + claims that data is anonymous must be based on evidence and + supported with sufficient information regarding how it has been + anonymized. We cannot allow attempts to respond to this pandemic to + be used as justification for compromising people’s digital safety. +5. Any use of digital surveillance technologies in responding to + COVID-19, including big data and artificial intelligence systems, + must address the risk that these tools will facilitate + discrimination and other rights abuses against racial minorities, + people living in poverty, and other marginalized populations, whose + needs and lived realities may be obscured or misrepresented in large + datasets. We cannot allow the COVID-19 pandemic to further increase + the gap in the enjoyment of human rights between different groups in + society. +6. If governments enter into data sharing agreements with other public + or private sector entities, they must be based on law, and the + existence of these agreements and information necessary to assess + their impact on privacy and human rights must be publicly disclosed + – in writing, with sunset clauses, public oversight and other + safeguards by default. Businesses involved in efforts by governments + to tackle COVID-19 must undertake due diligence to ensure they + respect human rights, and ensure any intervention is firewalled from + other business and commercial interests. We cannot allow the + COVID-19 pandemic to serve as an excuse for keeping people in the + dark about what information their governments are gathering and + sharing with third parties. +7. Any response must incorporate accountability protections and + safeguards against abuse. Increased surveillance efforts related to + COVID-19 should not fall under the domain of security or + intelligence agencies and must be subject to effective oversight by + appropriate independent bodies. Further, individuals must be given + the opportunity to know about and challenge any COVID-19 related + measures to collect, aggregate, and retain, and use data. + Individuals who have been subjected to surveillance must have access + to effective remedies. +8. COVID-19 related responses that include data collection efforts + should include means for free, active, and meaningful participation + of relevant stakeholders, in particular experts in the public health + sector and the most marginalized population groups. + +[All +Signatories](https://www.hrw.org/news/2020/04/02/joint-civil-society-statement-states-use-digital-surveillance-technologies-fight) +of this joint statement. -- cgit v1.2.3