Human rights in the age of Digital surveilanvce
- Space2groW
- Mar 18
- 7 min read
Updated: Mar 23
The Universal Declaration of Human Rights was proclaimed on December 10, 1948, and comprises 48 articles that establish human rights as universal and inalienable for all people. As we know, however, the mere existence of the Universal Declaration of Human Rights is not sufficient to prevent the countless human rights violations that have occurred throughout history. We are currently in a crisis. There are more active conflicts worldwide than ever before; climate change has reached the point of being irreversible; and the capitalist system on which our society runs has deprived countries of basic human resources, such as land and water, while simultaneously promising purported 'clean energy' that has yet to materialise. On top of all of these issues, we are also facing a threat to privacy and autonomy through the use of Digital Surveillance.
Because of this, millions of people have been forced to flee their countries of origin. Millions of people who have been deprived of the opportunity to exercise their human rights, millions of people who have been dehumanised by the migration system. More than ever before, we as a species are facing a scenario in which humanity is no longer in the hands of humans. The system is changing and is increasingly relying on digital systems and technology. These digital systems suppress the rights of millions of people around the world, with those seeking refuge in other countries being particularly affected. The presence of digital systems in relation to human rights makes many of the articles of the Declaration of Human Rights seem paradoxical.
Article 1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone has the right to seek and enjoy asylum from persecution in other countries.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realize, through national effort and international cooperation, and in accordance with the organization and resources of each State, the economic, social, and cultural rights indispensable for social security and the free development of his personality.
Article 25
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group, or individual any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Migrants must not only endure the brutality and violence that comes with trying to cross any European border, but must also face an immigration system designed to deprive and keep track of all of those who intend to move to the other side of whatever border they've crossed. Entering the European migration system, due to the middle ground migrants and asylum seekers find themselves in when it comes to citizenship, allows for the system to quietly strip them of their human rights. For example, many people in the migration system lose protection of their personal data, which, from that moment on, is freely accessible to the entire FRONTEX (in accordance with the Dublin Agreement). They are then digitally tracked by entering their fingerprints, and they can be deported. People are forced to enter their asylum applications into a digital system in refugee camps where internet access is almost impossible. Many asylum applications are rejected by artificial intelligence systems because possible crimes have been “predicted.”
After entering the country, people are confronted with all forms of discrimination and alienation, which makes it fundamentally difficult for them to exercise the fundamental rights declared in 1948. The use of control technologies, such as the Bezahltkarte (Payment Card), recently introduced in Germany, is just one item on a long list of “new technologies” that violate the human rights of refugees and asylum seekers.
Why do we say no to the Bezahlkarte?
The introduction of Bezahlkarte as a payment system is yet another item on a long list of technologies that attempt to control refugees and asylum seekers. It is a digital payment system with restrictions, which only serves to exacerbate the discrimination, isolation, and racism that refugees suffer daily.
The Bezahlkarte is a system intended to regulate purchases made by refugees throughout their initial arrival. The card doesn't allow money transfers or payments abroad, as well as any kind of online shopping. Due to the pre-established limit on the card, those affected can no longer shop freely or afford basic services, such as lawyers, doctors, or social services.
The payment card also allows for quick tracing of the person in question, so that they can be easily located in the event of a deportation order.
Pro-Asyl recently (October 9, 2024) published a list of problems surrounding the payment card:
The €50 monthly rate is illegal.
Does not allow payments online, no matter what purchase.
An unacceptable rate is expected to suffice to live a full life.
Regional restrictions, so each state has control over the way the Bezahlkarte will be used there.
Technical problems with the changeover as well as with card payments.
No contracts, no direct debits, no online purchases.
No return of purchased goods is possible with the Bezahlkarte.
Failure to complete direct debits.
Limited and controlled individual transfers or direct debits.
Mass violation of data protection and privacy.
Lack of digitalisation.
Bezahlkarte (Payment card), data protection, and AI
Unlike cash, a personal payment card can be used to track where and what was purchased at any time. In addition, payment cards pose a security risk for those affected because, according to IT specialists, they have significant security gaps that can be exploited to hack the cards. Apps with trackers can also be installed on the cards, which transmit data for personality profiles to Google, Facebook, or third parties without the user's consent. (Berliner Zeitung, July 24, 2024)
Data protectionists have significant concerns about the planned design of the Bezahlkarte. In particular, the so-called “whitelist,” a central pillar of the model tested in Hamburg, raises legal concerns. The “whitelist” screens a collection of payment recipients by the social welfare authority who are entitled to receive money transfers. This list is intended to include payment recipients who are considered “unproblematic.” Such “unproblematic” payment recipients include, for example, doctors' offices, law firms, and public transportation companies.
If the social welfare authority activates an IBAN at the request of an individual cardholder, the cardholder must disclose their personal, partially sensitive, and protected data to the authority and/or social workers. For example, places of shopping and residence, medical or psychological treatment services, or religious practices.
In some cases, the authorities even require the submission of invoices. From the perspective of Brandenburg's State Commissioner for Data Protection (Dagmar Hartge), such a “whitelist” procedure raises considerable data protection concerns. Hartge assumes that names, contracts, health details, names of children and other data could be passed on, as these allegedly provide information about health status, political inclinations, or ideological convictions. This information is considered sensitive and is subject to special personal protection.
The Hamburg Data Protection Commissioner criticises the possibility of account access by the authorities and the lack of a legal basis for the disclosure of the AZR number (Central Register of Foreigners) of the persons concerned. The Conference of Federal and State Data Protection Supervisory Authorities has also stated that the disclosure of AZR numbers to non-governmental bodies is unlawful. However, this happens regularly when the private company operating the Bezahlkarte (payment card) gains access to the number.
For critics of the Bezahlkarte (payment card) for refugees and asylum seekers, the data protection commissioner's order is another argument against the Bezahlkarte. “Any payment card must comply with the fundamental rights and data protection requirements of the state of Berlin, the federal government, and EU legislation,” said Orkan Özdemir, integration policy spokesperson for the Berlin SPD. It is “urgently necessary to obtain the assessments of the Berlin data protection commissioner.” (Pro-Asyl, October 9, 2024, Berliner Morgenpost, July 26, 2024)
Bezahlkarte (Payment Card) in Berlin
While the introduction of the payment card was discussed at length in parliament, the Berlin Senate decided to introduce it by the end of November 2024. It is important to note that the German federal states are not obliged to introduce the payment system.
Budget cuts for culture and social services have mobilised a considerable number of organisations, which have taken to the streets together to protest against the cuts. However, we have all witnessed how the Berlin Senate is determined to introduce the payment card system despite the high costs involved and the simultaneous protests against the budget cuts.
Although there are various dissenting voices, the payment card is to be implemented by 2025. This is a huge step backwards for the protection of human rights. It is a major setback for some of the most vulnerable people, who deserve to be treated fairly and, above all, humanely.
WE ARE IN THE MIDST OF A CRISIS THAT CALLS HUMAN RIGHTS INTO QUESTION: WE ARE CONCERNED BECAUSE WE KNOW THAT HUMAN RIGHTS ARE NO LONGER IN THE HANDS OF PEOPLE, BUT IN THE HANDS OF DIGITAL SYSTEMS WITHOUT HUMANITY.
References:
Molnar, Petra (2024)"The walls have eyes. Surviving migration in the age of artificial intelligence". The New Press, New York.
State of Surveillance: A year of digital threats to civil society:
Nein zur Bezahlkarte - Rechte Symbolpolitik mit Solidarität aushebeln:
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