This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance – the human rights of digital data use by the public and private sectors.
Author(s): Rebekah Dowd
Series: Information Technology And global Governance
Edition: 1
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Commentary: TruePDF
Pages: 284
Tags: Political Science; IT Law, Media Law, Intellectual Property; European Politics; Engineering Ethics; Ethics Digital/New Media; Human Rights: European Union Countries; Data Protection: Law And Legislation: European Union Countries; Technology And Law.
Acknowledgments
To Those At Home
To My GSU Family
To My Oxford Community
To My MSU Community
To Those Who Provided a Word, Or a Space, in Due Season
Contents
List of Figures
List of Tables
Part I The Origin of Digital Human Rights
1 Digitized Data as a Political Object
The Multiple Uses of Digitized Data
Internet Data as an Economic Commodity
Digitized Data Distribution as a Public Good
Data as Information Weaponry
The Internet and Data Governance
Theoretical Foundation
Phase I: 1970-Mid 1990s
Phase II: Mid-1990s to Present Day
The Research Puzzle
Digital Human Rights Research and Policy Coordination
Bibliography
2 Digitized Data Protection as a Fundamental Human Right
Identification of New Human Rights Norms
What Is a Regime?
Regime Creation in the European Union
Who Creates Regimes, and Who Should Be the Primary Actors Interested in a Digital Human Rights Regime?
The Three Structural Interest Groups
Economic Interests
Security Interests
Digital Human Rights Interests
Regime Convergence upon the Human Rights Model
The Importance of Structure and Power
Institutions, Time, and Efficiency
Social Norms and Agency
Explanations of Identity-Based Policies and Policy Congruence
Gains vs. Losses: Policy Adaptation Across Time
External Policy Pressures upon EU States
Internal Policy Pressures upon EU States
Theoretical Support and Hypothetical Expectations
Methodological Tests
National Cases
Time Frames
The Role of Text Analyses
EU Development of DHR Laws
Bibliography
Part II The Early Years—National Origins of Digital Human Rights
3 Sweden: A History of Informational Access
Tracing Swedish Data Legislation
Data Commodification and the Economy
Security Concerns and Digitized Data
Digital Human Rights
Bibliography
4 Germany: Digital Human Rights and a History of Invasive Surveillance
Data Commodification and the Economy
Security Concerns and Digitized Data
Digital Human Rights
Bibliography
5 The United Kingdom: Business Aligns with Human Rights Advocacy
Data Commodification and the Economy
Security Concerns and Digitized Data
Digital Human Rights
Bibliography
Part III Regional Policymaking and Digital Human Rights in the Global Sense
6 EU Policy Convergence—Supranational Data Policies in the EU (Mid 1990s–2016)
The Two-Level Game
Making Laws in the European Union
Agenda-Power, Hegemonic Preferences, and Technical Expertise
External Pressures—Regime Complexity
Level I: International Regime Memberships
Council of Europe—“Convention 108”
OECD Data Policy Guidelines
Creating Policy Convergence and Hegemonic States
Level II: The First Institution and the Economic Seeds for an EU Data Regime
The Data Technology Exports Contribution (DTEC)
Level II – The Second Institution and the Influence of Security Risks
The Power of Technical Expertise and Human Rights Advocacy
Agenda-Setting Power: The EU Commission
The Outcome: EU Legislation and Digital Human Rights
General Data Protection Regulation (GDPR)
Bibliography
7 Digital Human Rights Expansion by Epistemic Actors, and the Role of Working Party 29
Norm Entrepreneurs
Epistemic Communities
The Article 29 Working Party (WP 29)
Last Thoughts
Bibliography
8 Exporting the Digital Human Rights Norm
EU Digital Human Rights Entrepreneurship: An Example of International Diffusion
International Norm Diffusion—The Importance of Identity
International Norm Diffusion and Enforcement—Common Mechanisms
The Role of Close International Relationships
EU-US Relations—Exporting Digital Human Rights Through Socialization
Proactive EU Institutions: CJEU and EDPS as Norm Enforcers
Punitive Actions: Case Evidence of Institutional Norm Enforcement
Schrems I Ruling
Schrems II Ruling
Non-State Targets: EU as Norm Enforcer to the Private Sector
Google Spain SL v APED & Mario Costeja Gonzalez
GDPR Fines
Last Thoughts
Bibliography
9 The Future of Digital Human Rights
Lessons from the Digital Human Rights in the European Union
Government Obligations to Social Order
Human Rights and Normative Policymaking: How Many Voices Are Heard?
Epistemic Advisors and Democratic Deficit
Exogenous Shocks—Redefining Security Risks and Human Rights
Outside States’ and Digital Human Rights
The United States
China
Predicting the Future
Data Utility and the Digital Human Rights of Social Media Platforms
Final Thoughts
Bibliography
Index
