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
Date Written: February 7, 2018
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: Suggested Citation