Abstract
With millions of people diagnosed with Coronavirus disease (“COVID-19”) till date, state governments have turned to using technologies such as contact tracing systems, high-tech camera sensors, or even information surveillance to control the spread of the pandemic. Despite the numerous advantages these technologies have produced, for example, swiftly flattening the infection curve and enforcing health protocols, the implications of maintaining such use of technologies in upholding fundamental human rights going into the post-pandemic ‘new normal’ era is not clear. Experts have debated the compliance of technologies to respect one’s right to privacy and right to freedom of expression when achieving their protective purposes to uphold societies’ right to the enjoyment of health during the pandemic. However, knowing the continuous improvement of technology, and mindful of the absence of the absolute certainty of its usage in the new normal era, whether it relates to the mechanism or the temporal length of its employment, this paper will further delve into such debate in the context of a pandemic-free environment. After considering the different forms and usages of technologies during the pandemic, analyzing the advantages of using technologies in the future, and critically assessing such usages from the perspective of international human rights law (“IHRL”), this paper claims that the technologies which are used during the pandemic must be properly maintained coming into the new normal era. However, several parameters; mainly the functionality of the technology, participation from the general public, and the formation of an appropriate legal framework, will have to become the main focus of governments to ensure the compliance of technologies with IHRL standards.
Highlights
The protection of human rights has always been one of the most fundamental cornerstones of international law
With millions of people diagnosed with Coronavirus disease (“COVID-19”) till date, state governments have turned to using technologies such as contact tracing systems, high-tech camera sensors, or even information surveillance to control the spread of the pandemic
After considering the different forms and usages of technologies during the pandemic, analyzing the advantages of using technologies in the future, and critically assessing such usages from the perspective of international human rights law (“IHRL”), this paper claims that the technologies which are used during the pandemic must be properly maintained coming into the new normal era
Summary
The United Nations (“UN”) Human Rights Committee requires state parties to utilize technologies to guarantee one’s right to health through public health surveillance,[11] which has been realized by numerous states. Through the implementation of artificial intelligence ("AI"),[13] cameras can detect one’s physical appearance with minimal guidance from operators and analyze that information under its programming; including measuring one’s body temperature,[14] or even detecting certain behaviors in the midst of a large crowd to enforce basic health protocols.[15] As these technologies are mainly used in public spaces, data are most likely to be collected and stored by the central server operated by authorized personnel or even the government This may potentially generate an issue that will be analyzed subsequently in relation to the IHRL standards. The aforementioned examples are non-exhaustive, as even social media platforms play a role in relaying crucial information to the general public.[19]
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