EU Human Rights Framework

Given the importance of human rights across the spectrum of human activities, and the extensive references to these rights in the laws, treaties, directives, and decrees, related to the harvesting, storing, analysing and disseminating data available on information systems in general, it is important to note how such data may be treated in a state of exception. We noted above that the declaration of a state of exception is constrained by obligations under international human rights laws and treaties. There are three important considerations in this context. First, we must take into account human rights laws as articulated in UN-sponsored conventions and protocols and in the EU Charter on Fundamental Rights. Second, we must take cognisance of international humanitarian law that is based on neutrality and non-discrimination. The third factor is the emergent international law on disasters that sets out the duties and rights of all stakeholders – states, intergovernmental and non-governmental actors, and the displaced individuals and groups. We use disaster prevention and mitigation to illustrate the opportunities and challenges related to the interaction between ethics, the law, and social computing systems.