Big Data and "New Surveillance": Is International Regulation Feasible?

Authors

  • Leanne Winkels

DOI:

https://doi.org/10.5195/tlp.2021.240

Abstract

The collection and analysis of individuals data by governments and organizations is an area that lacks overarching protection at the international level, there is potential for an international system monitoring the use of Big Data and providing protections against violations of the right to privacy among other human rights laws. This paper outlines the policy background, then analyzes the use of Big Data through case studies of collection of data on LBTQ+ in Russia, and Uyghur Muslims in China’s Xinjiang province. After establishing the potential for abuses and violations of human rights and the right to privacy through unfettered access to personal data, this paper then considers proposed models to assess and protect human rights in this area, and looks at the potential for the development of an international monitoring system. To take steps towards developing an international legal framework of data protection I argue that the use of international norms to create monitoring bodies, and treaty law between nation-states and also international organizations can be utilized to develop such a framework. 

Author Biography

Leanne Winkels

Leanne Winkels is a J.D. Candidate for the Class of 2021 at the University of Pittsburgh School of Law. 

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Published

2021-01-28

How to Cite

Winkels, L. (2021). Big Data and "New Surveillance": Is International Regulation Feasible?. Pittsburgh Journal of Technology Law & Policy, 21(1). https://doi.org/10.5195/tlp.2021.240

Issue

Vol. 21 No. 1 (2021)

Section

Staff Article Series

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