Conference The European Convention of Human Rights at 70: Milestones and Major Achievements – Human Rights and Technological Developments

In this speech delivered by Síofra O’Leary at the ‘Conference The European Convention of Human Rights at 70: Milestones and Major Achievements’ in September 2020, she emphasises on certain themes which merit attention in an era of rapid technological development. She notes, “It’s commonplace that the digital era in which we now live has had significant legal effects primarily in two areas of Convention law: freedom of expression, protected by Article 10, which also covers the right to receive and impart information, and the right to respect for private life guaranteed by Article 8. Think of the endorsement of the internet as one of the principal means of expression in Ahmet Yildirim v. Turkey, or recognition of the risks it entails in Editorial Board of Pravoye Delo and Shtekel v. Ukraine. Think of the establishment of safeguards and protection regarding the use of geolocation devices by State actors in Uzun or Ben Faiza, the liability of internet news portals for customer comments in Delfi v. Estonia, or even the all-essential balancing of expression and privacy rights when it comes to the right to be forgotten the subject of M.L. and W.W. v. Germany, to name but a few. However, today I prefer to concentrate on Convention articles which have been treated as more peripheral in discussions relating to the consequences for human rights of technology and digitalisation: 1) jurisdiction within the meaning of Article 1 of the Convention (II); 2) challenges posed by technological advances for the judicial process itself, given the standards in Article 6 (III); 3) legal questions which may arise in relation to the right to free elections, guaranteed by Article 3 of Protocol n° 1 (VI), and, 4) the consequences, if any, in a digitally dependent world, for the right not to be deprived of an education in Article 2 of Protocol n° 1 (VII).”