Assessing Legal Responsibilities and Accountability Mechanisms of Big Data Companies Through the European Convention on Human Rights (ECHR)

Abstract

The increasing expansion of big data companies and technologies have raised concerns about the protection of the right to privacy, data protection and the principle of non-discrimination. ‘Datafication’ through collecting, storing and processing of massive amount of personal data raise questions of legal obligations and accountability. This study examines the role of the European Convention on Human Rights (ECHR) in addressing these concerns through ethical practices that protects individual rights in this digital era. This study made a comprehensive analysis of the ECHR’s provisions that is key to the operations of big data companies. It focused on Article 8 (the right to respect for private and family life) or the right to privacy, Article 10 (freedom of expression) and Article 13 (right to remedy) in relation to emerging issues of the datafication of the society. This thesis evaluated the impact of these rights on big data activities using doctrinal and socio-legal methodology in scrutinizing the ECHR and case law from ECtHR principles applicable to the digital age. This study identified the gaps and challenges in regulating the big data operation through the ECHR, while proposing a balanced approach between data analytical process and human rights. This study investigated the ECHR regulatory frameworks including the GDPR on enforcement efficacy and standards. It assessed the role of European and national data protection authorities and cross border collaborations for accountability mechanism. This study argued that the ECHR remains a relevant framework in the regulation of data protection but requires adaptation to effectively address the challenges posed by the pace of emerging technological innovations by integrating the principles of transparency, accountability and fairness. The ECHR can enhance legal responsibility and accountability mechanisms through ethically driven practices by big data companies as a catalyst for safeguarding the right to privacy and data protection. The findings contribute to the current discourse on privacy rights, data protection and offering insights for policy makers, regulators and big data companies. Keywords: Big Data, ECHR, ECtHR, Legal Responsibilities, Accountability Mechanisms, Data Protection, GDPR, Human Rights, Digital Rights, Regulatory Frameworks