CANCELLED - The Rights to Privacy and Data Protection in Times of Armed Conflict
We regret that this talk has been cancelled for reasons beyond our control.
The Centre for Intellectual Property Policy and Tech Law McGill welcome Asaf Lubin. Mr Lubin is an Affiliate at the Berkman Klein Center for Internet and Society at Harvard University, a Resident Fellow at the Information Society Project at Yale Law School, and a Visiting Scholar at the Federmann Cybersecurity Research Center at Hebrew University.
Abstract
The Lieber Code of 1863, one of the earliest attempts at codifying the laws of war, set the principle that the 鈥減rivation and disturbance of private relations鈥� during armed conflict must be treated as the exception and not the rule. It would take 27 more years before Warren and Brandeis would publish their landmark 1890 Harvard Law Review article, which laid the cornerstone for the international recognition of the fundamental human right to privacy. Nonetheless, the right did not find any explicit mention, let alone specific protection, in either the Hague Regulations of 1899 and 1907, Geneva Conventions of 1949, or Additional Protocols of 1977, nor in customary international humanitarian law (IHL).
Mr Lubin's paper identifies the normative foundation for the existence of the rights to privacy and data protection in times of armed conflict by relying on the concurrent application of human rights law and IHL. His paper also examines such issues as the data protection obligations of a belligerent occupier towards the civilian population in the occupied territories; the rights of POWs, detainees, refugees, and those internally displaced over their electronic devices and data stored in the cloud; the restrictions imposed on wartime SIGINT collection for aerial targeting and offensive cyber attacks; and the obligations imposed on international organizations and Courts in the collection of digital evidence for jus post bellum criminal investigations.
