INTRODUCTION
MASS SURVEILLANCE
Mass Surveillance refers to a system wherein a vast amount of data is collected from individuals and are monitored often without their knowledge with the aim of maintaining security and preventing security issues. This practice is facilitated by advanced technologies like the internet, social media, cameras AI, etc.
The main purpose of this practice is to prevent threats to the national security and respond to counterterrorism. It is also for public safety, prevention of crimes and enhancement of law enforcement.
HUMAN RIGHTS
Human rights refer to the fundamental rights that belong to every individual irrespective of their caste, creed, gender, religion, beliefs, and background. These are universal as they are applicable to all people without discrimination. These rights cannot be taken from any individual and are inherent to humans. These legally protected rights include basic rights like the right to life, the right to education, freedom of speech, etc.
IMPACT OF MASS SURVEILLANCE ON HUMAN RIGHTS
Mass surveillance is often justified for the concerns of national security, maintenance of public safety, and deterrence of crime in society, but it has significant implications on human rights which can be often negative.
RIGHT TO PRIVACY
The Right to privacy is the right to be free from any interference in one’s personal life. This right is particularly mentioned in Article 12 of the Universal Declaration of Human Rights (UDHR) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR).
Mass Surveillance intrudes on the individual’s private space and monitors personal affairs such as private communications, movements, and data by using technologies such as facial recognition, phone tapping.
Through mass surveillance corporations and institutions might misuse the collected data for their profit and purpose.
RIGHT TO FREEDOM OF EXPRESSION
This right refers to the freedom to express oneself and one’s opinions without the fear of censorship and retaliation. According to a Journal of human rights practice of Oxford Academic it creates a “chilling effect” wherein individuals on the pretext and fear of being constantly watched censor themselves. Their opinions and ideas are superficial due to the fear of constantly being surveilled.
Journalists, whistleblowers and activists may hesitate to share important information on the fear of being surveilled. This hurts the society’s welfare and discourages public debate and dissent.
RIGHT TO DUE PROCESS
This is the right to a fair, unbiased and transparent legal process. Mass surveillance can result in unjust arrest and cases based on the incomplete gathered evidence.
When the data is secretly collected and used it denies individuals the opportunity to challenge its authenticity and legality. This undermines the transparency and accountability that the state promises to every citizen.
RIGHT TO FREEDOM OF ASSEMBLY AND ASSOCIATION
This is the right to gather peacefully and form group for political, social, economic and other purposes. This facilitates political movements, protests and the ability to organize freely.
When these assemblies are surveilled it undermines the very purpose of assembly which forms as political movements. Activists and opposition members might be targeted and this fear of retribution discourages participation in these activities.
CASE STUDIES
CHINA
China rolled out the Social Credit System (SCS) officially in 2014, a national credit system that evaluated and monitored citizen’s behavior and then assigned scores based on their credit and worthiness . This system lacked transparency and had an absence of true process. This also promoted discrimination and inequality in the minority groups. The system has been accused of infringing the right to privacy and the freedom of movement.
Ultimately, with proper retaliation many private social credit initiatives under this system were shut down by the government.
USA
An NSA intelligence contractor and whistleblower named Edward Joseph Snowden revealed to the world the existence of global surveillance programs . He leaked classified information in 2013 which talked in detail about surveillance programs like PRISM. The documents reveled the bulk collection of data and the real time monitoring of communicating devices.
It also revealed the collaboration with tech companies for private dat access. These revelations damaged the public trust on government institutions and corporations
As a result finally in 2020 US court ruled that the mass collections of data was unlawful and unauthorized.
ADVANTAGES OF MASS SURVEILLANCE ON HUMAN RIGHTS
ENHANCED SECURITY AND PROTECTION
Surveillance systems help detect threats and prevent any unforeseen crimes like terrorism, violence etc.
The early warning system in surveillance systems can identify and address any potential risk which can result into widespread harm.
DISASTER MANAGEMENT AND PUBLIC SAFETY
Surveillance technologies help mitigate nay coming disaster and can ensure proper response in case of any outbreak .
Example: During covid 19 these mass surveillance helped monitor the infected people.. It also helped enforce lockdowns through cameras and as a result reduce the spread of virus
ACCOUNTABILITY AND TRANSPARENCY
Surveillance cameras help in recording any given situation such as acts of abuse, misconduct or human rights violation.
This can also promote accountability by holding perpetrators liable with a proper and due evidence.
DISADVANTAGES OF MASS SURVEILLANCE ON HUMAN RIGHTS
Mass surveillance comes with a significant amount of challenges.
INFRINGEMENT OF PRIVACY
Mass surveillance system collects and stores a vast amount of data , mostly without the consent of n individual . This violates their right to privacy . This unsystematic way of collecting and storing data often results into the collection of data of individuals who are not linked to any criminal activities and this can also lead to security breach.
DISCRIMINTION AND TARGETED HARASSMENT
Surveillance systems like the cameras can target certain ethnic groups and this may result into discrimination against them . The state may target minority communities and activities under the pretext of systematic mass surveillance
China’s surveillance system has been criticized for monitoring Uyghur Muslims as his violates the basic human rights.
CHILLING EFFECT
Chilling effect refers to the situation when individuals refrain from expressing any opinions or any statement when they know they are continuously being monitored.
This has a severs impact on activists. this undermines the right to free speech . this also discourages journalist’s and activist from pointing out wrong with the system
POTENTIAL OF ABUSE
Mass surveillance can be misused by the government institutions and corporations for oppression, political control etc. Edward Snowden revealed a series of confidential data of exactly this happening, wherein the government was selling the personal information to the corporations
IMPACT ON FREEDOM OF ASSOCIATION AND ASSEMBLY
When social and political movement is monitored, it deters individuals in participating in them in the future and this violated the essential right and freedom of association. Any oppressive gov often uses mass surveillance to identify and suppress any opposition movement.
CONCLUSION
Mass surveillance presents a complex situation. It offers significant benefits but at the expense of human rights.
While mass surveillance enhances national security, ensures public safety, promotes accountability and transparency . It does so at the expense of human rights. Through mass surveillance human rights like right to privacy, freedom of expression, and association are violated and infringed
Real life case like China’s social credit system and US surveillance programs reveal the potential for abuse, discrimination and raises concerns regarding data breach, suppressing political movement and the chilling effect.
In the current world situation, mass surveillance is very important but it is essential to balance it so that it does not infringe human rights . Enhancing legal mechanisms, ensuring transparency and creating a robust system can be adopted to mitigate against the negative impacts of mass surveillance. This will improve security without compromising human rights.
