Human Rights Due Diligence in Tech
It feels like everybody has watched The Social Dilemma on Netflix. And its coverage of the negative impacts of the powerful algorithms behind social media platforms - privacy, misinformation and deeply programmed user addictions - is so good (and alarming!). In fact, for those of us who work in human rights, seeing ethical standards in any industry receiving more airplay is refreshing, maybe even reaffirming. Not only because more general awareness allows us to more easily explain our professions when asked offhandedly, say, over coffee - but because it means that the stakes are only getting higher for the the companies who get it wrong. And though concerns around issues like AI algorithms are proliferating, the conversation around human rights related to the minerals that make up tech products is still largely unknown to people outside of the sector.
In 2018, for instance, Congolese families whose children were killed or seriously injured while mining for cobalt (used in smartphones and tablets) sued tech giants in a landmark legal case.
The conversation about human rights due diligence in tech is broader than the virtual systems we design, but extend to the processes by which we develop the physical products that tech companies sell. How do these companies navigate human rights in the sector? Human rights due diligence (HRDD) remains a less-known and underutilised tool in the tech sector, that could help prevent and address potential harm to people linked to digital technologies, as well as related business risk.
A few business risks to consider:
Discrimination (AI, algorithms and big data): Systems built using this technology can be biased, depending on who built them, how they’re developed and how they’re used. There are particular concerns that automated decision-making technology can lead to discriminatory outcomes, in sectors such as consumer banking, healthcare, policing, and employment.
Democratic freedoms: The private sector's interactions with governments and law enforcement can be particularly high risk. Think, surveillance powers, access to user data or content restrictions that do not reflect the right to freedom of opinion or expression.
Workers' rights: In mineral operations that fuel the tech sector’s demand for minerals, employees have the right to join, or refrain from joining, labor unions or other legally authorized associations and to collectively bargain. Employees also have a right to fair and equitable wages and businesses are responsible for ensuring safety and compliance with all applicable safety laws and regulations in their operations.
Child Labour: Lithium-ion batteries are needed to make tech devices work, and cobalt is used to make batteries. At this time, 60% of world production originating in the Democratic Republic of Congo where 20% of the mines are small-scale and some 40,000 children work in these mines.
Companies should promote and support human rights and comply with all applicable laws and standards related to labor practices and human rights along their entire value chains. International human rights principles aimed at promoting and protecting human rights, including the United Nations Guiding Principles on Business and Human Rights and the United Nations Global Compact exist to guide companies. Businesses should ensure suppliers along their value chain also comply to such standards.
