Technical standards – whether the work resulting from the standardisation efforts of a specific standards development organisation (SDO) or the ad hoc result of de facto adoption – are key to the internet and its architecture, capabilities, interoperability and use. Standards, whether developed before coding or as a result of coding, determine the capabilities that people rely on.
Technical standards affect human rights by providing capabilities that either enable or constrain what can be done with a protocol or an application. Within limits, they can serve the human rights needs of people or can be used to violate those rights. While the standards are not completely determinative on the ways an application can be used or abused, they are critical to what is possible to facilitate with them.
APC welcomes the opportunity to contribute to the thematic report of the Office of the High Commissioner for Human Rights (OHCHR) to discuss the relationship between human rights and technical standard-setting processes for new and emerging digital technologies, as requested under operative paragraph 3 of the Human Rights Council Resolution 47/23.
This submission comprises inputs collated from the experiences of APC staff and members, organised according to the guiding questions proposed by the OHCHR:
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How do technical standards for new and emerging digital technologies impact the enjoyment of human rights; what are related risks and opportunities?
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What are examples that best illustrate the relationship between technical standards for new and emerging digital technologies and human rights?
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What are the duties and responsibilities of standard-setting organisations and their stakeholders in effectively integrating human rights considerations in technical standard-setting processes for new and emerging digital technologies?
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Which standard-setting processes and organisations are particularly relevant for safeguarding and promoting human rights in the context of new and emerging digital technologies?
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What are common obstacles to effectively integrating human rights considerations in technical standard-setting processes for new and emerging digital technologies?
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What are the challenges faced by various stakeholders in their meaningful and sustainable participation in technical standard-setting processes for new and emerging digital technologies?
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In which ways do these challenges differ depending on the standard-setting organisation concerned?
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What are good practices, mechanisms or models for effective integration of human rights considerations in technical standard-setting processes? Are there particular challenges in their implementation or adoption? What additional measures should be developed and implemented?
Read the full submission here.