Journal of the Charles University Law Faculty
Ondřej Svoboda
Author’s affiliation:
Faculty of Law, Charles University in Prague
Triangular relationship among human rights protection, export controls, and cybersurveillance technologies
Jurisprudence 4/2024 Section: Articles Page: 10-20
Keywords: Cyber-surveillance technologies; human rights; due diligence; export controls; dual-use goods; Wassenaar Arrangement; European Union
Abstract: Recently, we are witnessing the rapid proliferation of cyber-surveillance technologies. Their misuse poses a threat to international security, as well as the protection of human rights and freedoms. Considerations given to the introduction of their effective protection on the one hand and legitimate cross-border commercial and technological export-based collaboration on the other hand lead to the complex triangular relationship. In order to provide effective and systematic export controls over sensitive emerging technologies to authoritarian states, it is necessary to set a rulebook, which goes beyond heavy-handed regulation conducted by the government. The private sector should espouse self-regulation based on due diligence principles and in compliance with the OECD Guidelines on Multinational Enterprises and the UN Guiding Principles on Business and Human Rights.
