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Research Article
© 2023 Vlona Pollozhani Shehu and Visar Shehu
This is an open access article licensed under the Creative Commons
Attribution-NonCommercial 4.0 International License
(https://creativecommons.org/licenses/by-nc/4.0/)

Human rights in the technology era – Protection of data rights

Vlona Pollozhani Shehu

Assistant Professor, University of Tetova

Visar Shehu
Associate Professor, South East European University

DOI: https://doi.org/10.2478/ejels-2023-0001

Abstract

Current advances in technology without any doubt bring numerous advancements to mankind,
but also introduce new challenges in regard to human rights. This is particularly true in the
context of data protection. Clearly, in the current digital age, data has great value. However,
there are great concerns in regard to data collection, processing and its use. These concerns
are related to privacy, transparency and accountability. In the technology era, the protection
of data rights is crucial for upholding human rights in a digital society, as the widespread
collection, storage, and use of personal data pose significant challenges to privacy, autonomy,
and non-discrimination. This paper explores the intersection of human rights and data rights,
analyzes the legal and ethical dimensions of data protection, and proposes strategies to
ensure the effective safeguarding of data rights in order to uphold fundamental human rights
principles in the digital age.

Keywords: human rights, data protection, data ownership.

1. Introduction

The rapid advancement of technology in recent decades has revolutionized the way
we live, communicate, and interact with the world. From the internet and social me-
dia to artificial intelligence and big data, technology has become an integral part of
our daily lives, shaping various aspects of society and raising important questions
about human rights in the digital age. As our lives become increasingly interconnect-
ed through digital platforms and our personal information is stored and shared in
unprecedented ways, the protection of data rights has emerged as a critical concern.
Data rights refer to the rights individuals have over their personal data, including the

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rights to privacy, control, and consent. In the technology era, where data is often de-
scribed as the “new oil,” the collection, storage, and use of personal data have become
lucrative industries. However, this rapid growth in data-driven technologies has also
brought about numerous challenges and risks. Issues such as data breaches, privacy
infringements, surveillance practices, and algorithmic bias have raised fundamental
questions about the extent to which individuals’ data rights are respected and pro-
tected. To address these concerns and ensure the preservation of human rights in
the technology era, it is crucial to explore the relationship between data rights and
human rights, examine existing legal and ethical frameworks, and propose solutions
for promoting and safeguarding data rights in a rapidly evolving technological land-
scape.

2. Understanding data rights

Data rights encompass the rights individuals have over their personal data, empow-
ering them to exercise control, privacy, and consent in the digital realm. Understand-
ing data rights is crucial in the technology era, where vast amounts of personal infor-
mation are collected, stored, and utilized by various entities. These rights are closely
tied to human rights, as the protection of data rights plays a vital role in preserving
privacy, autonomy, and non-discrimination. By recognizing the value of personal
data and the implications of its use, societies can navigate the complex ethical and
legal landscape surrounding data rights.
Data rights consist of several key elements that empower individuals in the digital
age. The right to privacy ensures that personal information remains confidential and
protected from unauthorized access or use. Individuals also possess the right to con-
trol their data, allowing them to determine how their information is collected, stored,
shared, and processed. Informed consent is another crucial aspect of data rights, re-
quiring individuals to provide explicit and knowledgeable consent before their data
is utilized. Furthermore, data rights encompass the right to access one’s own data
and the right to rectify or delete inaccuracies. These elements collectively form the
foundation for empowering individuals and establishing a fair and transparent data
ecosystem.
International legal frameworks and regulations play a significant role in the recogni-
tion and protection of data rights. The General Data Protection Regulation (GDPR)
in the European Union, for instance, sets standards for data protection, establishing
principles such as data minimization, purpose limitation, and accountability. Simi-
larly, the California Consumer Privacy Act (CCPA) in the United States grants indi-
viduals certain rights over their personal data and imposes obligations on businesses.
These legal frameworks aim to ensure that data processing activities are conducted
responsibly, with individuals’ rights and privacy rights in focus.
Despite the progress made in recognizing and safeguarding data rights, there are
ongoing debates and challenges in this domain. One key area of discussion is the
balance between individual rights and societal benefits derived from data utilization.
The tension between privacy and innovation often requires careful consideration and

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policy-making. Additionally, the rise of emerging technologies like artificial intel-

ligence and machine learning introduces concerns regarding algorithmic bias and
discrimination. As data-driven decision-making becomes more prevalent, addressing
these challenges and maintaining robust data rights protections remains essential.
The connection between data rights and human rights lies in the preservation of pri-
vacy and autonomy. Privacy is a fundamental human right recognized by various in-
ternational agreements and declarations. In the digital age, the protection of personal
data is essential for safeguarding privacy. Data rights provide individuals with the
ability to control the collection, use and disclosure of their personal information. This
control empowers individuals to maintain their autonomy and make informed deci-
sions about the dissemination of their data. Without robust data rights protections,
individuals may be subject to unwanted surveillance, data breaches, or manipulative
targeting, eroding their right to privacy and infringing upon their autonomy.
Data rights are also closely tied to the principle of non-discrimination and the promo-
tion of fair treatment. In the technology era, data-driven decision-making processes
can significantly impact individuals’ opportunities and experiences. The collection
and analysis of personal data can lead to the creation of profiles or algorithms that
make decisions about individuals, such as employment opportunities, financial ac-
cess, or resource allocation. If these processes are not governed by strong data rights
protections, there is a risk of perpetuating biases and discrimination. Data rights,
therefore, play a crucial role in ensuring that individuals are not unfairly treated or
discriminated against based on their personal characteristics or attributes. By recog-
nizing and protecting data rights, societies can strive for fair and equitable treatment,
promoting equal opportunities and upholding the principles of human rights.

3. Literature review

A systematic literature review was conducted with a purpose of determining what

similar research has been conducted and to compare the different mechanisms that
protect data and privacy rights. The focus has been on the two major initiatives, the
General Data Protection Regulation (GDPR) 1 and California Consumer Privacy Act
(CCPA). 2
According to Xiao (2019) personal data rights should be protected through a com-
bination of private rights and tort law. On the other hand, Pintiliuc (2018) suggests
that individuals have a fundamental right to privacy and intimate life that must be
protected.
In a different approach, (Samuelson, 2000) argues that the notion of assigning person-
al information ownership rights to individuals may not necessarily fulfill the objec-
tives of information privacy. This is partly due to a fundamental principle of property
law - the free transferability of rights, which could inadvertently compromise rather
than support information privacy aims.
The EU has specific legislative acts and regulations in place to guarantee a high level
of data protection for citizens, institutions, and partners (Coulson, 2009). Overall, the
paper suggests that personal data rights should be protected through a combination

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of legal frameworks and regulations that balance the interests of individuals and data
companies.
There are mechanisms in place that are addressing this issue. One of them is General
Data Protection Regulation (GDPR) which is a regulatory framework introduced by
the European Union in 2018 to protect the privacy and personal data of its citizens.
It places stricter controls on businesses and organizations, compelling them to be
transparent about how they collect, process, store, and use personal data. The GDPR
also grants individuals greater control over their personal information, including the
right to access their data, correct inaccuracies, object to processing, have their data
deleted, and more. It applies to all companies operating within the EU, as well as to
organizations outside the EU that offer goods or services to EU residents or monitor
their behavior. Non-compliance can result in hefty fines, emphasizing the importance
of data protection in today’s digital world.
In the United States, there isn’t a direct, federal equivalent to the EU’s GDPR. U.S.
privacy laws are a patchwork of federal and state regulations that each address dif-
ferent areas, sectors, or types of data. However, the California Consumer Privacy
Act (CCPA), which came into effect in 2020, is the closest analogue. The CCPA gives
California residents rights like those of the GDPR, including the right to know what
personal information businesses collect about them, to delete that information, and
to opt-out of the sale of that information. Despite this, the reach of the CCPA is lim-
ited to California, and there’s ongoing debate about whether a more comprehensive
federal data privacy law should be enacted.
The effectiveness of GDPR and CCPA has been also subject of research in the past. In
general, a consensus is that GDPR is effective in protecting data privacy and impos-
ing obligations on organizations regarding the storing, processing, collecting, and
disclosing of data. Concerns are mostly related to the effect of GDPR to IT operations
for different companies.
Bartolini (2019) argues that GDPR has brought significant changes to data protection
laws in the European Union, prompting the need for solutions that help controllers
and processors comply with these requirements. One proposed solution according to
them is integrating privacy concepts into Business Process (BP) models, allowing for
GDPR recommendations to be included in specific tasks of the BP, improving process
management and personnel training.
Regarding the effect on the IT processes (Teixeira, 2019) identifies critical success fac-
tors for GDPR implementation, including barriers and enablers, and benefits of com-
plying with GDPR.
Tsekoura (2020) provides a critical review of the practical, ethical, and constitution-
al aspects of GDPR one year after its implementation, highlighting the heightened
awareness of data protection issues and the efforts of data controllers and processors
to achieve GDPR compliance.
Finally, Murphy (2018) argues that GDPR introduces significant changes to the IT
operations of businesses and the way they process personal data of their EU resident
customers, with a single set of rules applying to all EU member states and each mem-
ber state establishing an independent Supervisory Authority to sanction administra-

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tive offenses and investigate complaints.

When comparing GDPR with CCPA, the effectiveness of each measure depends on
the specific context and objectives. The GDPR provides more extensive protection
and has a broader scope, affecting businesses that process personal data of EU citi-
zens. It also carries more severe penalties. The CCPA, while limited to California, has
been influential in driving privacy legislation discussions in the United States and
has prompted other states to adopt similar laws.
Scholars comparing these two measures, suggest that while CCPA and GDPR have
similarities, there are also substantial differences in their approaches to data protec-
tion and cross-border data transfers. Bukaty (2019) notes that CCPA is the strictest
privacy legislation in the US and expands liability for consumer data breaches. Gal-
lagher (2018) provides a comparison of the two regulations, highlighting similarities
and differences. He concludes that CCPA is more effective than GDPR, although it
is not a federal law in USA. Ooijen (2018) analyzes the extent to which GDPR en-
hances consumers’ control over personal data and identifies the pitfalls of human
decision-making that threaten individual control. Finally, Sullivan (2019) compares
the approaches of the EU and APEC to cross-border data transfers and protection of
personal data in the IoT era.

4. Notable examples of data rights violations

The following examples demonstrate the importance of robust data protection mea-
sures, ethical data handling practices, and regulatory oversight to prevent data rights
violations. They serve as reminders of the need for individuals, organizations, and
governments to prioritize the protection of personal data and uphold the rights of
individuals in an increasingly data-driven world.
In 2018, it was revealed that the political consulting firm Cambridge Analytica ob-
tained the personal data of millions of Facebook users without their explicit consent.
The data was used for targeted political advertising during the U.S. presidential elec-
tion in 2016. This incident highlighted the potential misuse and unauthorized access
to personal data by third-party entities, leading to a global debate on data privacy
and the need for stricter regulations.
In 2017, Equifax, one of the largest credit reporting agencies in the United States, suf-
fered a massive data breach that exposed sensitive personal information, including
Social Security numbers and credit card details, of approximately 147 million con-
sumers. The breach not only highlighted the vulnerability of vast databases contain-
ing personal data but also raised concerns about the security practices and response
mechanisms of organizations handling sensitive information.
In 2017, ride-hailing company Uber faced criticism for its handling of a data breach
that occurred in 2016. Instead of disclosing the breach to the affected users and rele-
vant authorities promptly, Uber paid a ransom to the hackers to delete the stolen data
and attempted to cover up the incident. This incident highlighted the importance of
transparency, accountability, and timely disclosure of data breaches to protect users’
rights and mitigate potential harm.

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Aadhaar is India’s biometric identification system, which collects and stores personal
information of over a billion citizens. Several instances of data breaches and privacy
concerns have emerged, including cases where Aadhaar details were leaked or sold
on the black market. These incidents have raised questions about the security and
integrity of such large-scale biometric databases and the potential risks associated
with the misuse of personal data.
However, there are success stories as well.
Following the Cambridge Analytica scandal, Facebook faced widespread criticism
for its handling of user data and privacy breaches. As a result, regulatory authorities
and advocacy groups pushed for stronger data protection measures and transparen-
cy. In 2019, Facebook reached a settlement with the U.S. Federal Trade Commission
(FTC) requiring the company to pay a record-breaking fine and implement stricter
privacy controls. The settlement also mandated changes in Facebook’s data practices
to enhance user privacy, provide clearer consent mechanisms, and establish an in-
dependent privacy committee. This case highlighted the importance of holding tech
giants accountable and advocating for stronger privacy protections.
In 2018, Microsoft challenged a U.S. government warrant seeking access to customer
data stored in an overseas data center. 3 The case involved the question of whether
U.S. law enforcement could compel a company to provide data stored outside the
United States. In 2018, the U.S. Supreme Court ruled in favor of Microsoft, stating
that U.S. warrants did not have extraterritorial reach. This case highlighted the im-
portance of jurisdictional boundaries and the need to balance law enforcement inter-
ests with privacy and data protection rights.
Revelations by whistleblowers, such as Edward Snowden, about government sur-
veillance programs like PRISM and Tempora sparked significant public outcry and
debate. These revelations led to increased awareness about the extent of mass surveil-
lance and its impact on privacy and civil liberties. The public backlash prompted dis-
cussions on the balance between security and privacy, leading to reforms, increased
transparency, and more stringent oversight of government surveillance practices in
various countries.

5. Future directions and recommendations

To strengthen legal frameworks for data rights, it is essential to enact comprehensive

data protection laws that provide clear guidelines and regulations for the collection,
storage, and use of personal data. These laws should encompass principles such as
data minimization, purpose limitation, and informed consent. They should also in-
clude provisions for individuals to exercise their rights over their personal data, such
as the right to access, rectify, and delete their information. Examples of effective data
protection laws include the European Union’s General Data Protection Regulation
(GDPR) and the California Consumer Privacy Act (CCPA), which establish strong
rights for individuals and impose obligations on organizations handling personal
data. By implementing robust and harmonized data protection laws, governments
3
United States v. Microsoft Corp., 138 S. Ct. 1186, 200 L. Ed. 2d 610 (2018).

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can ensure consistent and comprehensive protection of data rights across sectors and
jurisdictions.
Strengthening legal frameworks for data rights also requires enhanced enforcement
mechanisms and penalties for non-compliance. It is crucial to establish independent
regulatory authorities with the power to investigate data breaches, monitor data prac-
tices, and impose fines or sanctions for violations. Effective enforcement ensures that
organizations take data protection seriously and encourages them to adopt privacy-
by-design principles. Fines and penalties should be proportionate to the severity of
the violation, taking into account factors such as the nature of the breach, the scale of
the harm caused, and the financial resources of the organization. By implementing
strong enforcement mechanisms and penalties, legal frameworks can act as effective
deterrents and promote accountability in data handling practices.
Data flows do not respect national borders, and protecting data rights often requires
international cooperation and harmonization of legal frameworks. Governments
should work collaboratively with international organizations, such as the United Na-
tions and the International Organization for Standardization (ISO), to develop com-
mon standards and principles for data protection. This cooperation can help bridge
gaps in legislation, facilitate cross-border data transfers, and promote a global un-
derstanding of data rights. Additionally, bilateral and multilateral agreements can be
established to ensure the protection of personal data when transferred between coun-
tries. By fostering international cooperation and harmonization, legal frameworks
for data rights can address the challenges posed by the global nature of data and
promote consistent and high standards of data protection worldwide.
Technological solutions are also crucial when addressing these issues. Some of them
are as follows:
Advancing technological solutions for data privacy involves the widespread adop-
tion of robust encryption techniques and data security measures. Encryption plays a
critical role in protecting sensitive information by encoding it in a way that can only
be accessed by authorized parties. Encrypted data is more resistant to unauthorized
access and can mitigate the risks of data breaches. Moreover, technologies such as
secure communication protocols and secure socket layers (SSL) can safeguard data
during transmission. By promoting the development and implementation of strong
encryption algorithms, governments and organizations can enhance data privacy
and provide individuals with greater confidence in the security of their personal in-
formation.
One positive example we have researched in this regard is the LetsEncrypt initiative.
In the past obtaining SSL certificates for web sites was a technically challenging and
expensive endeavor. LetsEncrypt is a nonprofit Certificate Authority that enables citi-
zens to obtain free SSL certificates to protect their web sites. In their annual report for
2022 (Internet Security Research Group, 2022), there have been 3,078,399,255 certifi-
cates issued since 2015 by this authority, with 239,710,300 active certificates.
With LetsEncrypt, there are no reasons for a web site to be unsecure and to allow for
unencrypted user data transfers through unencrypted channels. We strongly believe
that strong legal mechanisms should be put in place that will require for companies

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and individuals to implement SSL for every web site that collects or uses user data.
Another technological solution is to implement privacy-enhancing technologies
(PETs). These technologies offer innovative solutions to protect individuals’ data
while still allowing for data processing and analysis. PETs include techniques such
as differential privacy, federated learning, and homomorphic encryption. Differential
privacy provides a framework to collect and aggregate data while preserving indi-
viduals’ privacy by injecting noise into the data to protect identities. Federated learn-
ing enables collaborative model training without sharing raw data, ensuring privacy
while leveraging collective intelligence. Homomorphic encryption allows computa-
tions on encrypted data, keeping sensitive information secure even during analysis.
By encouraging research and development in PETs and promoting their adoption,
data privacy can be enhanced without compromising the benefits derived from data-
driven technologies.
Finally, it is important for IT companies to understand that their solutions need to
implement privacy by design and to minimize collection of data to the absolute nec-
essary minimum. Privacy by design emphasizes integrating privacy measures into
the design and architecture of technological systems from the outset. By incorporat-
ing privacy features such as granular consent mechanisms, default privacy settings,
and anonymization techniques, privacy by design ensures that data privacy is a fun-
damental consideration in every stage of system development. Furthermore, data
minimization practices involve limiting the collection and retention of personal data
to what is strictly necessary for the intended purpose. By reducing the amount of per-
sonal data collected and stored, the risk of data breaches and unauthorized access is
mitigated. Emphasizing privacy by design and data minimization not only enhances
data privacy but also promotes transparency, user control, and accountability in the
digital ecosystem.
As we mentioned earlier, data flow does not respect borders. Promoting global co-
operation and collaboration in data rights involves facilitating the sharing of best
practices and knowledge exchange among countries, organizations, and stakehold-
ers. By sharing successful strategies, lessons learned, and innovative approaches,
countries can learn from one another and adopt effective measures to protect data
rights. International forums, conferences, and working groups can serve as platforms
for fostering dialogue and collaboration on data privacy issues. Through these ex-
changes, countries can develop a collective understanding of challenges and identify
common goals, leading to the development of harmonized standards and guidelines
that promote data rights and facilitate global collaboration in safeguarding personal
information.
With the increasing globalization of data flows, cross-border data transfers have be-
come a critical aspect of the digital economy. Promoting global cooperation involves
establishing cross-border data transfer agreements that strike a balance between pri-
vacy protection and the free flow of data. These agreements can provide a framework
for countries to mutually recognize and trust each other’s data protection laws, en-
suring that personal data is adequately protected when transferred between juris-
dictions. Examples of such agreements include the EU’s adequacy decisions, which

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allow for data transfers to countries that are deemed to provide an adequate level
of data protection. By promoting cross-border data transfer agreements, countries
can facilitate international business operations while maintaining robust data privacy
standards.
As data becomes an increasingly valuable resource, multilateral collaboration on
data governance is crucial to address complex challenges and promote harmoniza-
tion of standards. International organizations and initiatives can play a vital role in
facilitating this collaboration. For instance, the United Nations (UN) and its agen-
cies can serve as platforms for developing global principles and guidelines for data
protection. Additionally, collaborative efforts such as the Global Privacy Assembly
(formerly known as the International Conference of Data Protection and Privacy
Commissioners) bring together privacy and data protection authorities from around
the world to share experiences, exchange information, and coordinate on common
issues. Through multilateral collaboration on data governance, countries can work
together to establish norms, foster trust, and ensure that data rights are protected in
a globally interconnected digital environment.

6. Conclusion

In conclusion, strengthening legal frameworks for data rights is crucial in the technol-
ogy era to protect individuals’ privacy, autonomy, and non-discrimination. Compre-
hensive data protection laws that encompass principles such as data minimization,
purpose limitation, and informed consent are essential. These laws should provide
individuals with rights to access, rectify, and delete their personal data, while inde-
pendent regulatory authorities should be empowered to enforce compliance with
these laws through penalties and fines. Additionally, international cooperation and
harmonization of legal frameworks are necessary to address the global nature of
data and establish common standards for data protection. Cross-border data trans-
fer agreements and multilateral collaboration on data governance can promote trust,
facilitate secure data flows, and ensure consistent high standards of data protection
globally.
Technological solutions play a crucial role in advancing data privacy. Robust encryp-
tion techniques and data security measures, such as secure communication protocols
and SSL, enhance the security of personal information. Privacy-enhancing technolo-
gies (PETs) like differential privacy, federated learning, and homomorphic encryption
enable data processing while preserving privacy. Implementing privacy by design
and data minimization practices ensures that privacy considerations are integrated
into technological systems from the outset and reduces the collection and storage of
unnecessary personal data. These technological solutions provide individuals with
greater confidence in the security of their data and enable responsible data practices.
Promoting global cooperation and collaboration is paramount in safeguarding data
rights. Sharing best practices and knowledge exchange among countries and organi-
zations foster learning and adoption of effective measures. Cross-border data transfer
agreements strike a balance between privacy protection and data flows, ensuring that

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personal data is adequately protected during international transfers. Multilateral col-

laboration on data governance through international organizations and initiatives
establishes common principles and guidelines for data protection, fostering trust and
consistency across jurisdictions.
In the pursuit of protecting data rights in the technology era, it is crucial for gov-
ernments, organizations, and individuals to work collectively. Strengthening legal
frameworks, advancing technological solutions, and promoting global cooperation
are interdependent components of an effective strategy. By prioritizing data rights,
we can ensure that the tremendous benefits of technology are accompanied by ro-
bust protections, empowering individuals, and fostering a digital environment that
respects privacy, autonomy, and non-discrimination. It is only through these collec-
tive efforts that we can safeguard fundamental human rights in the ever-evolving
landscape of technology.

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