A/HRC/29/37
good for conflict prediction and prevention, it has been less effective for analysis and
actionable transmission.29
63.
Big data mining and remote sensing work for the prevention of human rights
violations also raises methodological and ethical concerns. For example, vulnerable
populations could be put at risk by the remote documentation, and thus identification, of
their locations and situations.30 Moreover, potential inaccuracies in the statistical analysis of
human rights data arise from selection bias, duplication and constraints on data capture.31
4.
Towards digital due diligence
64.
The application of surveillance to prevent violations of human rights may be so
effective as to imply that States with the capacity to take advantage of them have a
responsibility to do so. Cameras have been used in police vehicles and interrogation rooms
and consideration might be given to other contexts in which such surveillance could have a
preventive effect (for example, prisons), subject to the limitations imposed by other rights,
such as the right to privacy.
65.
Other affordances of ICTs can be harnessed by States to fulfil their responsibilities
concerning prevention or precaution. For example, there have been instances of States
using text messages or calls to warn civilian populations before launching air raids. The
recording devices on certain advanced weaponry offer the potential for greater oversight,
but that will require more transparency.
66.
In the digital space, however, the responsibility of due diligence extends beyond
States. Human rights monitoring organizations — both intergovernmental and nongovernmental — need to give thought to the consequences of their correspondence or use
of information. Traditional understandings of “informed consent” may need to be revisited.
D.
Monitoring and fact-finding
67.
As noted above, the particular nature of violations of relevance to this mandate place
a premium on fact-finding. Human rights organizations have developed rigorous factfinding methodologies, not least to protect the credibility of their evidence, and thus their
reputations. ICTs and the user-generated content they facilitate have broadened and
democratized the process of fact-finding by empowering both spontaneous and solicited
“civilian witnesses.” The most challenging dimension of this evolution is balancing
democratization with a continued, perhaps heightened, requirement for authority and thus
for verification of digital evidence.
1.
Civilian witnesses and video evidence
68.
The advantages of video evidence have been appreciated by campaigners for several
decades, at least since the Rodney King incident in the early 1990s. The re-purposing of
private closed-circuit television footage for public investigations has become
29
30
31
12
Sheldon Himelfarb, “Can big data stop wars before they happen?” (United States Institute of Peace,
25 April 2014), www.usip.org/publications/can-big-data-stop-wars-they-happen.
See, for example, Harvard Humanitarian Initiative, “The Signal Program on Human Security and
Technology” (2013), http://hhi.harvard.edu/programs-and-research/crisis-mapping-and-earlywarning/signal-program.
See the work of the Human Rights Data Analysis Group, https://hrdag.org/coreconcepts/.
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