Panama Model United Nations 2023| XXXI Annual Session
Forum: Human Rights Council (HRC)
Issue #1: Measures to address the violations of human rights due to digital
data collection
Student Officers: Anneliese Garcia and Maria Belen Mora
Position: Chairs of Human Rights Council (HRC)
Introduction
The right to privacy is arguably the most valued right in any modern-day society,
as it protects the individual from unwanted intrusion by both the state and
private actors into their private life. Recently, however, due to technological
advancements, the concern for privacy has become greater than at any time
in history. Communication technology has advanced dramatically in the
presence of the digital era improving real-time communication as well as
information sharing, nevertheless, these new technologies have been proven to
be vulnerable to electronic surveillance and interception these technologies
with the purpose of facilitating these practices are being developed at an
astounding rate presenting a major threat to the privacy and freedom of
individuals they raise the possibility of a violation of privacy and freedom and
grant power and control to those with said technologies
Mass surveillance is another growing issue within digital surveillance. Mass
surveillance infringes on privacy rights and limits fundamental freedoms. The
issue is only exacerbated when the information from governments' surveillance
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of their citizens is shared with other nations. The use of global surveillance, also
known as mass surveillance across international borders, results from this
information sharing.
All of this is derived from digital data collection sources, which can come from
businesses as well as from governmental bodies. People who use digital services
are unaware of the purposes for which their personal information is being
gathered and used. Sensitive data, like financial information, can be collected
along with personal data. Adding on, this data gathering may result in the
development of digital profiles of people, which may be used to both target
advertising and influence politics while at the same time enhancing national
security.
Definition of Key Terms
Trade Secrets
Confidential and proprietary information that provides a competitive
advantage to a company or organization.
Five Eyes (FVEY)
An intelligence alliance between the United States, Canada, the United
Kingdom, Australia, and New Zealand. The countries share intelligence
information and collaborate on surveillance activities, with a focus on national
security and counterterrorism efforts.
Digital Surveillance
The monitoring and tracking of individuals or groups using digital technologies.
Civil Liberties
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Fundamental rights and freedoms that are protected by law, such as freedom
of speech, assembly, and association.
Big Data
Large and complex datasets that are difficult to manage and analyze using
traditional data processing tools and techniques.
Cybersecurity
The protection of computer systems and networks from unauthorized access,
theft, or damage.
Digital Censorship
The blocking, filtering, or restriction of access to online content by governments
or other authorities, often for political or ideological reasons.
Encryption
The process of encoding information in a way that only authorized parties can
read or access it, typically using cryptographic algorithms and keys.
Data Breach
A type of cyberattack in which sensitive, confidential or otherwise protected
data has been accessed or disclosed in an unauthorized fashion.
Cookies
A small file or part of a file stored on a World Wide Web user's computer,
created and subsequently read by a website server, and containing personal
information.
General Overview
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Digital data collecting is becoming more common in our culture and is
beneficial to both corporations and governmental agencies. However, the right
to privacy has come under serious attack as a result of the digital data
collection of personal information. This is because companies and governments
can build comprehensive online profiles of people through the collection of
digital data, which allows for things like information manipulation and targeted
attacks to take place. Additionally, it may result in digital surveillance, when this
data is used and tracked to keep an eye on a person's online conversations and
activities. This just causes mistrust in the government and violates people's right
to privacy and free speech. Thus, steps should be taken to minimize the
collection and use of personal data.
Digital Surveillance
Digital surveillance has been a contentious topic for many years, but as the
internet and other digital technologies have developed, so has their use. Digital
surveillance describes using digital technologies to monitor and follow certain
people or groups. Cameras, social media, email, and other digital
communication tools fall under this category. For a variety of purposes, including
law enforcement, national security, marketing, and research, digital surveillance
can be deployed. Digital surveillance can improve public security and safety
but also poses a severe risk to human rights, privacy, and civil liberties. This is
especially true when actions are taken without the proper legal monitoring,
accountability, or transparency procedures. Because of this, it's crucial to
balance the possible advantages of surveillance and the defense of civil
liberties and privacy.
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Historical Background
Data collection has been a part of history for as long as it has been written.
While recently popularized through advancements in technologies, surveillance,
although not digital, has been used throughout history. One of the earliest forms
of surveillance was the use of spies in ancient civilizations, such as in Ancient
Greece. The Athenian government used a system of spies called "Scytale" to
monitor the movements of its citizens and ensure their loyalty to the state.
Similarly, in the Spartan city-state, the "Krypteia" was a secret police force that
monitored the Helot population, a subordinate group in Spartan society. Later
on, during the 20th century, the rise of totalitarian regimes saw the development
of new surveillance technologies. In countries such as Nazi Germany, the Soviet
Union, and China, the government established elaborate surveillance systems to
monitor and control their populations. For example, espionage was at an all-
time high during the Cold War. Not only would they use surveillance to control
their population, but they would utilize it to maintain control over other states.
This was through the use of spies and intelligence groups who would implement
various different surveillance techniques. Including things such as wiretapping,
and photographs, among others. This marked the beginning of utilizing
technology in order to maintain control over the population. Nowadays, digital
surveillance is composed of a variety of methods such as wire-tapping, bugging,
data-mining, and social media mapping, among many others. Digital
surveillance is one of the many effective results of digital data collection.
Privacy Issues Regarding Cookies
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Most individuals tend to accept cookies when they enter a website, but they do
not truly know what they’re accepting. Cookies are files that help coordinate
the remote website servers and help display the full range of features offered by
most websites. The rise of cookies can be tracked to the beginning of the World
Wide Web. They can provide useful services such as remembering login
information and preferences. Although by that definition cookies are inherently
harmless, privacy issues are sure to arise time and time again. For example,
cookies are vulnerable to data breaches and leakages, which can pose a
great threat to a user’s privacy (CERT). Additionally, there is a possibility that
cookies can be hijacked, which can lead to an attacker impersonating a user
and gaining unauthorized access to users' data (Info Security Institute).
Furthermore, cookies can be used to target customers and present them with
advertisements. Thus, it can lead to consequences for the user. Whether that is
getting their information leaked or companies utilizing cookies to track their
activity.
Impact on Marginalized Communities
Marginalized communities, such as people of color, LGBTQ+ members, and low-
income individuals, are often disproportionately affected by digital data
collection and surveillance. For example, for members of the LGBTQ community,
their digital footprint can pose a significant threat to their safety. Data from
queer dating sites can be collected and sold to third parties. This information
can be used to form profiles about individuals and used to identify LGBTQ+
people, additionally including those who have not made their sexuality public.
In 2021, a popular LGBT dating site was fined around 10% of its total revenue for
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illegally selling user data to advertisers (BBC). Details included things such as the
user's location, age, gender, and sexuality. This information has been used by
nations such as Egypt to track and arrest LGBTQ+ members (Web Foundation).
Cybersecurity
Despite the security measures in place, networks are still vulnerable to breaches
due to various reasons such as weak or stolen access codes and human errors.
This makes it possible for hackers to gain access to sensitive information. Given
the extensive personal data available online, a data breach can pose a serious
threat to a user's privacy. This not only applies to users' privacy but also to a
nation’s privacy. Maintaining national cybersecurity is a critical concern, and
countries have adopted various strategies to safeguard their digital data. For
example, some nations focus on reinforcing and securing their infrastructure,
while others collaborate with the private sector to enhance digital security. The
EU’s NCSS and the United States Cybersecurity Strategy are two examples of
such strategies aimed at ensuring greater digital security.
Major Parties Involved and Their Views
Privacy International
Privacy International (PI) is a UK-based registered charity that defends and
promotes the right to privacy across the world. First was formed in 1990, it was
registered as a non-profit company in 2002 and as a charity in 2012, PI is based
in London, UK. Its current executive director, since 2012, is Dr. Gus Hosein. PI
actively promoted privacy and targeted companies and governments that do
not respect the human right to be free of "prying technologies."
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United States of America (USA)
The United States implicitly states in the Constitution the rights that citizens should
have regarding privacy:
➔ The First Amendment protects the privacy of beliefs
➔ The Third Amendment protects the privacy of the home against the use of
it for housing soldiers
➔ The Fourth Amendment protects privacy against unreasonable searches
➔ The Fifth Amendment protects against self-incrimination, which in turn
protects the privacy of personal information
Despite the statements made in these amendments, the US government has
violated the privacy of citizens through organizations like the NSA (National
Security Agency). In 2013 a former NSA contractor leaked information revealing
the NSA’s surveillance programs. The information revealed collaborations with US
federal agencies such as the FBI and CIA, as well as the organization's
undisclosed financial payments to numerous business partners and
telecommunications firms. There was also information leaked about unreported
relationships with countries such as The United Kingdom, France, and Germany
as well as its most recent secret information-sharing agreements with other
governments.
The United States also violates human rights by using stingray devices, data
breaches, as well as facial recognition technology. The controversy of The
Patriot Act is also something important to mention. The most controversial
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provision is Section 215, which permits access to records and other items under
the Foreign Intelligence Surveillance Act (FISA).
United Kingdom (UK)
The UK also takes part in the UK-USA Agreement for Signals Intelligence
Cooperation and the Five Eyes. The origins of electronic surveillance in the UK
can be traced to revolutionary code-breaking and signal intelligence
operations carried out during WWII. Following the war, the Government
Communications Headquarters (GCHQ) was established, and it took part in
projects such as the Five Eyes Cooperation. As surveillance capabilities
improved over time, this primarily focused on intercepting electronic
communications. Several media reports revealed mass data collection and
surveillance capabilities, as well as data sharing and collection collaborations
between the US National Security Agency and the UK's GCHQ.
China
China uses The Great Firewall, a limiting internet filtering system. The Great
Firewall restricts access to sensitive websites and social media platforms such as
Facebook, Twitter, and YouTube. The government additionally uses internet
police to censor anything on the internet that could jeopardize social order or
national security. Those who criticize authority or participate in illegal activities
are punished. China has a history of violating numerous human rights and
censoring citizens' behavior excessively.
North Korea
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North Korea heavily violates the human rights and privacy of its citizens through
media censorship. They have one of the most repressive and controlled media
environments globally. The state completely prohibits all forms of independent
media, political opposition, freedom of expression, etc. Citizens are not free to
make international calls, with cell phone usage monitored heavily. Even
diplomats in the North are only permitted to obtain a “foreigner-only” phone,
meaning they can only communicate with other foreigners in the North. Often,
Chinese phones are smuggled across the border, and state security is
consistently on the lookout for illegal cell phones, with the punishments being
put in reeducation camps. Furthermore, listening to sources of foreign
information is strictly prohibited, with severe punishments in place.
Timeline of Events
Date Description of event
1789 The U.S. Constitution came into effect
1890 “The Right to Privacy” article is published by Harvard Law Review. It
is one of the most influential essays in American legal history and is
considered the first to argue for the right to privacy.
1890 Fingerprints were first used to identify people
1948 The United Nations General Assembly adopts the Universal
Declaration of Human Rights, which includes Article 12's right to
privacy.
1966 The United Nations General Assembly adopted the International
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Covenant on Civil and Political Rights, with Article 17 protecting
privacy.
1967 The United States Supreme Court overturned the 1928 Olmstead v.
United States ruling, which allowed wiretapped phone
conversations obtained without a warrant to be used as evidence
in court, in Katz v. United States.
1998 On October 21, 1998, the Children's Online Privacy Protection Act,
(COPPA), became federal law in the United States. It states what
websites' privacy policies must include, how to verify parental or
guardian consent, and how websites should protect children's
online safety and privacy.
Oct 4, 2006 WikiLeaks is launched. A platform designated to collect and spread
classified documents from anonymous sources and leakers.
2010 In 2008, The Federal Trade Commission (FTC) and National Credit
Union Administration (NCUA) created the Red Flags Rule. It was
enforced on December 31st of 2010, and it was designed to help
prevent identity theft.
Aug, 2015 Ashley Madison, an online affair website, suffers from a data breach
exposing the personal data of around 37 million customers.
Dec 14, 2016 Yahoo! reports a data breach that had been taken from over a
billion users.
Nov, 2018 Marriott International reports a data breach that allowed for access
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to the private information of up to 500 million guests.
UN Involvement, Relevant Resolutions, Treaties, and Events
As this is a pressing issue, the United Nations has been involved in various
different initiatives regarding online surveillance. These were international efforts
taken in order to mitigate the human rights violations caused by digital
surveillance. Some of the most relevant resolutions, treaties, and events include
the following:
● The Universal Declaration of Human Rights (UDHR) – 1948:
○ A milestone document adopted by the United Nations General
Assembly that serves to protect the rights of individuals everywhere.
The declaration outlines 30 rights and freedoms that no one can
take away from an individual. The declarations articles discuss
various different elements of freedom, such as privacy. Article 12
specifically addresses the right to privacy by stating the following,
“No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor to attacks upon his honor and
reputation.” (UN)
● International Covenant on Civil and Political Rights – 1966:
○ The ICCPR is an international human rights treaty adopted in 1966. It
specifically addressed the right to privacy in Article 17 by stating,
“No one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation.” (OHCHR)
● The UN World Summit on the Information Society – 2003, 2005:
○ The UN World Summit on the Information Society was a two-phased
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United Nations sponsored event with the purpose of discussing
information and communication. One of the aims was to bridge the
global digital divide. Within their conversation, they managed to
cover the right to privacy and its importance. They discussed this by
including things such as ensuring internet security against
cyberattacks and the right to privacy.
● Establishment of the UN internet governance forum (IGF) – 2006:
○ The IGF is a global multi stakeholder platform that facilitates the
discussion of public policy issues pertaining to the Internet (IGF). It
serves to bring different individuals and groups together to discuss
issues relating to the internet. It was established in 2006 with that
exact purpose. Within their topics of discussion, protecting privacy in
online communities has been a focus.
● The UN Guiding Principles (UNGPs) on Business and Human Rights – 2011:
○ The UNGPs on Business and Human Rights are a set of guidelines for
states and companies to prevent the abuse of human rights
committed in business operations. This includes the right to privacy.
Now in the digital age, it's more important than ever for companies
to ensure privacy in their digital platforms.
● General Assembly Resolution 68/167 on the “Right to Privacy in the Digital
Era” – 2013
○ Resolution adopted by the UN GA addressing the right to privacy in
the digital age.
Evaluation of Previous Attempts to Resolve the Issue
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Over the course of the past decades, plenty of international and national
action regarding the privacy violations due to data collection has been taken.
This has ranged from UN treaties to national policies implemented across the
globe. However, due to quick technological advancements and clever ways to
surpass these policies, digital data collection continues to pose a significant
threat to the right to privacy.
Possible Solutions
Digital data collecting still poses a serious danger to human rights despite
international efforts. The various viewpoints on collection of data, nevertheless,
must be taken into consideration while coming up with a solution to this
problem. This is because, on one hand, people who support the collecting of
digital data claim that it is necessary for ensuring the safety of the public and
the nation. In contrast, the opposing viewpoint claims that those who are
against it think that it may violate human rights, particularly the right to privacy.
Finding a solution that strikes a balance between the necessity for national
security and the defense of individual rights and privacy is ultimately essential.
Increasing the accountability and transparency of the government
organizations collecting data would be a feasible answer to this problem. It is
challenging for the public to comprehend what kind of data is being collected
and for what purposes because it is frequently done in secrecy. This absence of
transparency frequently breeds mistrust of the government, which can have a
number of negative effects. Governments as well as companies should each
take specific actions to promote transparency to solve this issue. They can write
reports based on the information they gather and with objectives to achieve
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this.
Furthermore, making and enabling an impartial authority to oversee their
surveillance is another method to increase openness. These organizations will
examine how the government as well as companies collect data and make
sure it's done legally. They will have the authority to look into complaints and
publish findings on the government's efforts to collect digital data.
Additionally, regarding surveillance, reducing the scope and duration of
surveillance activities to only what is necessary would be another effective
solution. This approach would limit the amount of data being collected and
minimize the impact on individual privacy. To do this, one approach would be
to adopt the principle of proportionality. That is only utilizing digital surveillance
when there is a clear and demonstrable need. Apart from this, time-warrants
can be implemented, which require that surveillance activities cease after a
certain period of time.
By implementing these solutions, the issue of privacy violation will be minimized
while still addressing the concerns of national security. To reiterate, it is crucial
that when creating solutions, both sides of the issue are taken into consideration.
Delegates must act quickly to develop solutions that ensure national and
international security, but at the same time guarantee the right to privacy and
respect human rights.
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Sustainable Development Goal (SDG)
This issue relates to the Sustainable Development Goal (SDG) 16, it being Peace,
Justice, and Strong Institutions. Digital data collection is a matter that’s
commonly unspoken about and underestimated, it violates the human right of
privacy, and it isn’t able to fulfill the UN’s objective #16. By guaranteeing citizens
the right of privacy and ensuring them that their information is protected, isn’t
being leaked or utilized, and isn’t being monitored, humanity as a whole could
be implementing the UN’s Sustainable Development Goal number 16.
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Appendix
I. https://www.ohchr.org/en/privacy-in-the-digital-age
A. United Nations page that covers the right to privacy in the digital
age. It includes different reports, treaties, and resolutions done in
the matter.
II. https://plato.stanford.edu/entries/it-privacy/
A. Encyclopedia about privacy and information technology.
Trustworthy website about the different subtopics about privacy,
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specifically regarding technological sources.
III. https://youtu.be/PuhifEL5VsU
A. Ted Talk about the future of privacy due to technology. Interesting
take and theory on the significance of the evolution of technology.
IV. https://hbr.org/2022/02/the-new-rules-of-data-privacy
A. Suggestion on how to run businesses, specifically regarding digital
data collection.
V. https://www.priv.gc.ca/en/opc-actions-and-decisions/research/explore-
privacy-research/2014/cs_201412/
A. Study examining the conflicting interests and tensions between
privacy and cybersecurity. Covering how cybersecurity poses a
threat to privacy, this research report will facilitate understanding
cybersecurity and its relation to privacy better.
VI.
A. Graph showcasing Americans view on privacy in their everyday life.
Will be useful when investigating civilian perspectives on this issue.
VII. https://blogs.worldbank.org/dev4peace/exploiting-full-potential-new-
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technologies-data-collection-monitoring-and-conflict-prevention
A. Different perspectives on the issue. A study investigating the reasons
as to why digital data collection will be positive in conflict
prevention.
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