Lecture on Privacy and Data Protection in the Digital Age

Introduction

• Data plays a significant role in daily life, often visible in online activities.
• Data collection is sometimes hidden, carried out by entities like data brokers.
• Data brokers create profiles with up to 1500 data points.
• Government surveillance highlighted by Edward Snowden's revelations in 2013.

Privacy vs. Data Protection

Privacy

• Defined as a human right by Article 12 of the Universal Declaration of Human Rights.
• Encompasses:
  • Right to freedom of thought
  • Right to be left alone
  • Control over one's body
  • Protection of reputation
  • Family and sexual rights
• Not an absolute right; can be restricted for national security or public safety.

Data Protection

• More specific than privacy, focused on how data is handled.
• Involves:
  • Collection, processing, sharing, and storage of data.
• Limits exist, such as law enforcement access with warrants.
• Legal definitions vary by country.

Challenges in the Digital Age

Corporate Data Use

• Internet business model relies on personal data exchange.
• Terms of service agreements often lead to unknowing consent.

Government Data Use

• Governments can monitor communications, transactions, and locations.
• Data storage laws may facilitate government access.
• Emerging technologies like IoT and AI pose new challenges.

Legal and Institutional Framework

• National and regional courts address privacy and data protection.
• Examples include the European Court of Human Rights.
• Jurisdictional differences in privacy protection.

International Mechanisms

• UN resolution on privacy in the digital age.
• Human Rights Council and special rapporteurs.
• Forums like the Internet Governance Forum contribute to policy.

Companies' Role

• Corporate decisions impact privacy and data protection.
• Example: WhatsApp's end-to-end encryption.

Case Studies

Apple v. FBI

• Post-San Bernardino attack, FBI requested access to encrypted iPhone.
• Apple's refusal sparked debate on privacy vs. security.

Surveillance in Kenya

• Government surveillance led to civil society crackdowns.
• Push for Kenya's data protection law to curb state surveillance.

Actions for Human Rights Defenders

• Adopt digital security measures like encryption.
• Advocate for alternative digital business models.
• Engage in national and regional privacy debates.
• Make privacy and data protection relatable to encourage public engagement.

Conclusion

• Review of approaches to protect privacy and data protection rights.
• Emphasis on making these issues accessible to a wider audience.
• Preview of next video on freedom of expression and assembly.