HUMAN RIGHTS AND TECHNOLOGY: ADDRESSING LEGAL CONCERNS IN SURVEILLANCE AND AI ETHICS

AUTHOR: Ansari Sobiya Parveen, Student, BLS LLB, Shree L.R. Tiwari College of Law.

INTRODUCTION

In the digital age, technology has drastically altered how societies work, providing numerous benefits ranging from increased communication to improved healthcare and economic prosperity. However, these improvements bring serious legal and ethical challenges, notably in terms of human rights. The rise of surveillance technology and artificial intelligence (AI) has sparked global disputes over privacy, autonomy, and data ethics. This essay investigates the legal issues surrounding surveillance and AI ethics, highlighting the need for strong legal frameworks to preserve fundamental human rights.

1. THE INTERSECTION OF TECHNOLOGY AND HUMAN RIGHTS

The incorporation of technology into daily life has brought human rights issues to the forefront, particularly those involving privacy, freedom of expression, and the right to knowledge. Surveillance technologies, such as facial recognition and data mining, have prompted concerns about privacy violations and the possibility of abuse by both state and non-state entities. Similarly, AI’s increasing involvement in decision-making processes has raised arguments about transparency, accountability, and justice.

AI systems are rapidly being applied in vital domains such as criminal justice, recruitment, healthcare, and public services. These systems frequently function with low openness, making it difficult to grasp their decision-making procedures. This lack of transparency can result in biased outcomes that disproportionately affect vulnerable communities and violate the values of equality and nondiscrimination.

2. LEGAL CHALLENGES IN SURVEILLANCE AND DATA PRIVACY

Surveillance technology has advanced dramatically, with both governments and private companies collecting massive amounts of data. While monitoring might improve security, it also poses a substantial threat to private rights. The use of face recognition technology, for example, has been condemned for having the potential to enable mass surveillance and profiling, resulting in invasions of people’s privacy and anonymity. Legal frameworks for surveillance and data privacy differ greatly across jurisdictions. The General Data Protection Regulation (GDPR) in the European Union ensures strong personal data protections by emphasizing permission, transparency, and responsibility. However, in other regions, legislation may be less rigorous or out of date, failing to fully address the difficulties brought by contemporary surveillance technologies.

The challenge lies in balancing the need for security with the protection of individual rights. The European Court of Human Rights (ECHR) has emphasized that surveillance measures must be “necessary in a democratic society” and proportionate to the legitimate aim pursued. However, the lack of uniform standards globally complicates efforts to regulate surveillance technology effectively.

3. AI ETHICS AND THE RIGHT TO FAIR TREATMENT

Artificial intelligence, particularly machine learning algorithms, is increasingly being utilized to make decisions that affect people’s lives. However, AI systems might exacerbate existing data biases, resulting in unjust treatment and discrimination. For example, predictive policing algorithms have been chastised for disproportionately targeting minority communities, raising concerns about racial profiling and systematic bias. A lack of transparency in AI decision-making systems, also known as the “black box” dilemma, impedes efforts to establish accountability. When individuals are subjected to decisions made by opaque algorithms, their entitlement to fair treatment may be jeopardized. International human rights law, notably the International Covenant on Civil and Political Rights (ICCPR), demands that individuals have access to effective remedies in the event of rights abuses, a difficult criterion to satisfy.

To address these concerns, numerous countries are proposing or have passed legislation to increase AI transparency and accountability. For example, the European Union’s planned Artificial Intelligence Act aims to create a legal framework for trustworthy AI by prioritizing openness, human control, and the prevention of discriminatory results. However, the rapid rate of AI research presents a challenge to policymakers aiming to strike a balance between innovation and human rights standards.

4. REGULATORY APPROACHES TO BALANCING INNOVATION AND RIGHTS

Addressing legal concerns about surveillance and AI ethics demands a multifaceted strategy. Governments, international organizations, and private companies must work together to create a regulatory environment that encourages innovation while protecting human rights. Several international initiatives seek to develop global standards for AI ethics and data protection. The OECD Principles on Artificial Intelligence and the UNESCO Recommendation on the Ethics of Artificial Intelligence serve as frameworks for ethical AI development, with an emphasis on human rights, fairness, and responsibility. These principles serve as the framework for national and regional legislation aimed at protecting humans from future AI technology abuse.

Furthermore, there is a rising awareness of the necessity for oversight groups and processes to supervise the use of AI and surveillance technology. Independent regulatory authorities can help ensure that AI systems are developed and implemented in accordance with human rights norms. Such entities can also provide a platform for recourse in cases where rights are abused, so increasing public trust in technology.

5. THE ROLE OF CIVIL SOCIETY AND ADVOCACY IN PROMOTING HUMAN RIGHTS

Civil society organizations and advocacy groups are critical to advancing human rights in technology. By increasing awareness of the ethical issues of surveillance and AI, these organizations can influence legislative debates and force regulatory changes. Public pressure has been effective in getting firms to adopt more ethical methods, such as Google’s decision to suspend AI development for specific military uses. Furthermore, civil society may enable communication among technology developers, legislators, and affected populations, ensuring that varied perspectives are considered while creating AI and surveillance technologies. By increasing transparency, accountability, and public participation, civil society organizations can help ensure that technological advancements align with human rights principles.

CONCLUSION

As technology advances, it is critical to address the legal and ethical concerns about surveillance and artificial intelligence in order to defend fundamental human rights. To balance innovation and rights protection, a complete approach is required, including strong legal frameworks, international cooperation, and active civil society engagement. As we traverse the complexity of the digital world, we must ensure that technology serves mankind rather than the other way around.