Surveillance Giants:The Possibilities & Limits of The Business and Human Rights Framework in the Data Economy
(2021) JAMM07 20211Department of Law
Faculty of Law
- Abstract
- The internet has revolutionised our world. The digital ecosphere is dominated for the most part by technology companies. The surveillance business model of these companies seeks to create predictions and inferences based on persons behaviour which can be used to shape, nudge and manipulate towards certain goals. This presents immense challenges to human rights, especially to the right to privacy. As the right to privacy is a gateway right, if violated it can have a cascading impact on other rights. Its protection is vital both for the individual and for society.
The thesis takes on the task of investigating whether corporations whose business models are based on surveillance can respect human rights, in particular the right to privacy.... (More) - The internet has revolutionised our world. The digital ecosphere is dominated for the most part by technology companies. The surveillance business model of these companies seeks to create predictions and inferences based on persons behaviour which can be used to shape, nudge and manipulate towards certain goals. This presents immense challenges to human rights, especially to the right to privacy. As the right to privacy is a gateway right, if violated it can have a cascading impact on other rights. Its protection is vital both for the individual and for society.
The thesis takes on the task of investigating whether corporations whose business models are based on surveillance can respect human rights, in particular the right to privacy. More specifically, the purpose is to investigate whether business and human rights can inform and shape change in order to protect the right to privacy in the digital age.
The thesis examines the business and human rights framework as operationalised by companies. Technology companies have been slow to embrace the framework and have not examined core aspects of their surveillance business models when undertaking human rights due diligence. Therefore, within this approach the downstream effects of their businesses are in focus without examining sufficiently the upstream root causes of human rights impacts. It is concluded that thus far the business and human rights framework taken by companies has been ineffective in creating systematic changes to surveillance business models needed in order to protect rights.
The thesis also examines the hardening of this framework into Due Diligence laws. It is concluded that without an understanding of the business model and without strong enforcement the law will fall short in creating systematic change needed in surveillance business models.
The thesis examines a smart mix of measures and what it could include in the data economy. There is not one single approach which will make the business model rights respecting. Although self-regulation has the potential to examine systematic change to the business model this has not occurred in reality. It is concluded that laws which regulate aspects key to the business model such as targeted advertising and algorithms are needed and have a real possibility to create systematic change. These laws would ensure that the upstream problems are dealt with in order to protect rights in the digital age. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9054908
- author
- Quinn, Elizabeth LU
- supervisor
- organization
- course
- JAMM07 20211
- year
- 2021
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 9054908
- date added to LUP
- 2021-06-21 11:34:45
- date last changed
- 2021-06-21 11:34:45
@misc{9054908,
abstract = {{The internet has revolutionised our world. The digital ecosphere is dominated for the most part by technology companies. The surveillance business model of these companies seeks to create predictions and inferences based on persons behaviour which can be used to shape, nudge and manipulate towards certain goals. This presents immense challenges to human rights, especially to the right to privacy. As the right to privacy is a gateway right, if violated it can have a cascading impact on other rights. Its protection is vital both for the individual and for society.
The thesis takes on the task of investigating whether corporations whose business models are based on surveillance can respect human rights, in particular the right to privacy. More specifically, the purpose is to investigate whether business and human rights can inform and shape change in order to protect the right to privacy in the digital age.
The thesis examines the business and human rights framework as operationalised by companies. Technology companies have been slow to embrace the framework and have not examined core aspects of their surveillance business models when undertaking human rights due diligence. Therefore, within this approach the downstream effects of their businesses are in focus without examining sufficiently the upstream root causes of human rights impacts. It is concluded that thus far the business and human rights framework taken by companies has been ineffective in creating systematic changes to surveillance business models needed in order to protect rights.
The thesis also examines the hardening of this framework into Due Diligence laws. It is concluded that without an understanding of the business model and without strong enforcement the law will fall short in creating systematic change needed in surveillance business models.
The thesis examines a smart mix of measures and what it could include in the data economy. There is not one single approach which will make the business model rights respecting. Although self-regulation has the potential to examine systematic change to the business model this has not occurred in reality. It is concluded that laws which regulate aspects key to the business model such as targeted advertising and algorithms are needed and have a real possibility to create systematic change. These laws would ensure that the upstream problems are dealt with in order to protect rights in the digital age.}},
author = {{Quinn, Elizabeth}},
language = {{eng}},
note = {{Student Paper}},
title = {{Surveillance Giants:The Possibilities & Limits of The Business and Human Rights Framework in the Data Economy}},
year = {{2021}},
}