Data and Fundamental Rights

Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee (eds), Research Handbook on Data Science and Law (Edward Elgar, 2018, Forthcoming)

24 Pages Posted: 17 Nov 2017 Last revised: 7 Feb 2018

See all articles by Angela Daly

Angela Daly

The Chinese University of Hong Kong (CUHK) - Faculty of Law; Queensland University of Technology - Faculty of Law; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Anna Carlson

Queensland University of Technology - Faculty of Law

Tess Van Geelen

Queensland University of Technology - Faculty of Law

Date Written: February 7, 2018

Abstract

This chapter provides an overview of the relationship between data and fundamental rights at the current point in time, and directions as to where and how this relationship might continue. At the basis of this relationship are the fundamental rights to privacy and free expression; however with the digital society being more pervasive, other fundamental rights, including freedom from discrimination and labour rights are now implicated by data. The role of private actors is prominent in discussions on data and fundamental rights given their key role in providing data infrastructure and services, in ways which may infringe users’ fundamental rights. In addition, fundamental rights organisations themselves are turning to the collection and use of data to assist with their functions. All of these topics will be explained and discussed before concluding with an outline of some possible future developments for data and fundamental rights, including the implementation of new technologies such as robotics and their impact on fundamental rights and the extent to which existing rights are still appropriate for the current and futures scenarios, or whether new kinds of fundamental rights or new kinds of implementations such as the digital constitutional project need to be recognised.

Keywords: data, fundamental rights, human rights, technology, privacy, free expression, algorithms, discrimination, labor rights, security, surveillance, digital humanitarianism, Big Data, race, gender

JEL Classification: K00, K1, K10, K31

Suggested Citation

Daly, Angela and Carlson, Anna and Van Geelen, Tess, Data and Fundamental Rights (February 7, 2018). Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee (eds), Research Handbook on Data Science and Law (Edward Elgar, 2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3072106 or http://dx.doi.org/10.2139/ssrn.3072106

Angela Daly (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Anna Carlson

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Tess Van Geelen

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

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