The State is the main guarantor of human rights. Its obligations are twofold: negative (obligations “not to do” something) and positive (obligations “to do” something). The same logic is followed in the context of technology.
Obligation to refrain from violations
States have an obligation to refrain from creating situations that may violate human rights. For example, in the context of technology, the State is required to ensure:
- there is no arbitrary or unlawful surveillance, like video monitoring
- that institutions responsible for the protection of freedom of expression do not censor online media or the blogs of human rights activists
- that when technology like artificial intelligence is used to provide family support benefits, the technology does not discriminate based on characteristics like sex, age, disability or others when assessing requests
States may be held responsible for human rights violations that can be attributed to them.
Obligation to actively protect from violations
States also have a positive obligation to protect human rights. This means that States must create laws and policy that protect your human rights in the context of technology.
For example, the UN Guiding Principles on Business and Human Rights show that States have the obligation to:
- have appropriate laws, and periodically assess the adequacy of such laws
- provide guidance to businesses on how to respect human rights
- encourage, and where appropriate, require businesses to communicate how they address their human rights impacts
States are not directly responsible for the abuse of human rights by private actors. However, when technology is controlled by a business, the State still has an obligation to set up a system that would help you to be protected and to seek redress if your rights were violated. States may be held responsible for human rights violations where they fail to take appropriate steps to prevent, investigate, punish or redress abuse by private actors.
Read about human rights institutions that can help, in this Guide.