An important perspective for us at Data Rights is to be tech-agnostic when long-term solutions are needed. Technologies change, democratic values stay. We see the temptation to reinvent the wheel every time there is a new technology hatching. Often, this temptation needs to be fought. Otherwise civil society and researchers will always be reactive, trying to catch up with the private sector. It is exhausting and frankly, where is our added value in that dynamic?

We particularly feel this regarding dual use technologies. According to the European Commission, dual use items are “goods, software and technology that can be used for both civilian and military applications”. Because these technologies and software have military advantages, States have incentives to push investments and limit regulation for their industry to be ahead of the curve. 

Examples of the dual use technologies or software:

• Biometric recognition
• Artificial intelligence (AI)
  
• Spyware
• Satellite visualisation

Why is this important?

Another way to see dual use technology is to picture it as a powerful technology that is wonderful in times of democratic stability, but is extremely potent if a government decides to use it against its population. Extremely potent in the sense that it can harm a high number of people, quickly (unlike for instance, a knife). Put simply, these are technologies that are amazing, but can quickly become surveillance technology in hands of powerful players. These technologies are often deployed with public money to make the population safer, to avoid fraud, or just to make things simpler. A few examples:

• Uganda's deployment of biometric IDs on its population became a way to surveil it and crackdown on human rights; 
• European States are now able to use AI with face recognition for law enforcement purposes. Given how most EU states are gradually increasing surveillance on human rights defenders in the name of law enforcement, this is worrying;
  
• The used of spyware by States, originally meant for intelligence purposes, quickly became used in Europe to surveil journalists and human rights defenders in countries like Poland, Spain and Hungary. 

Methods

Primary means of action for this programme are advocacy and strategic litigation where we can be useful, for instance with third party intervention and/or involvement with litigation strategy. 

Status of work

Data Rights' first employee started work a few months ago! Work on this programme is starting.