Technology, Innovation, Digitalisation, and Governance in Germany: Impacts on Human Rights

12-07-2024

Shahad Ghannam

Legal Human Rights Researcher,

Global Human Rights Defence

In the rapidly evolving landscape of technology and innovation, Germany stands as an example of driving digital transformation across various sectors with the goal of being one of the top ten countries in Europe by 2025 undergoing transformation under the “Digital Strategy”. However, this technological advancement brings with it significant implications for human rights, shaping the way citizens interact with the state, businesses, and each other.

Germany’s ambitious investments in industrial platforms, the Internet of Things (IoT), and green digital technologies aim to position the country as a leader in the Fourth Industrial Revolution. The Digitalisation Act of 2021, otherwise known as GWB10, is central to these efforts, introducing measures to prevent market monopolisation and ensure fair competition (Latham & Watkins LLP, 2021). This act protects consumer rights and addresses privacy and data security concerns, which are fundamental human rights as outlined in Article 12 of the Universal Declaration of Human Rights, hereinafter UDHR (United Nations General Assembly, 1948).

Moreover, the creation of “sandboxes” for research allows innovation to flourish without the usual regulatory constraints, promoting technological advancements that respect human rights principles. These sandboxes provide a controlled environment for testing new technologies, ensuring that they comply with ethical standards and human rights laws before being widely implemented. By allowing for experimentation and innovation in a safe space, these sandboxes help mitigate risks associated with new technologies, ensuring they are developed in a way that protects privacy and personal data in accordance with the General Data Protection Regulation, hereinafter GDPR, a critical framework for protecting privacy rights in the digital age​​​ (Federal Ministry for Economic Affairs and Climate Action, 2022; European Parliament and Council of the European Union, 2016).

Germany’s digital transformation includes significant upgrades to its digital infrastructure, such as expanding the 5G network and fibre optic connectivity by 2030 as part of the Federal Ministry for Digital and Transport Affairs’s, or BMDV, “Gigabitförderung 2.0”. These advancements are crucial for driving “progress, climate protection, quality of life and open up new opportunities” supporting AI, blockchain, and other cutting-edge technologies while ensuring robust data protection measures (Federal Ministry for Digital and Transport, 2024; Messe Düsseldorf GmbH, n.d.). These efforts are aligned with the GDPR.

Digital technologies have a dual impact on human rights. While they enhance freedom of expression and access to information, as outlined in Article 19 of the UDHR, they also pose risks such as surveillance and censorship, which can undermine these rights. The misuse of digital tools disproportionately affects marginalised groups, leading to inequality and discrimination​ (Office of the United Nations High Commissioner for Human Rights, 2021). The United Nations Development Programme’s Digital Strategy 2022-2025 emphasises the need for a people-centred approach to digital transformation, integrating human rights considerations into technological advancements. This includes stringent data protection measures and ethical AI governance, essential for safeguarding privacy and preventing abuses​ (United Nations Development Programme, 2023).

Germany’s regulatory frameworks are designed to balance innovation with human rights protections. The Digitalisation Act includes provisions to ensure competitive fairness and prevent data misuse, addressing privacy concerns and the ethical use of AI. These measures align with international human rights frameworks, such as the International Covenant on Civil and Political Rights, and reflect principles that are crucial for protecting individuals’ privacy rights in the digital era​ (Latham & Watkins LLP, 2021).

Despite significant progress, challenges remain. Integrating digital IDs and enhancing online citizen services require robust IT security measures to prevent data breaches and misuse, aligning with Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life​ (Rooks, 2021)​​​. Continuous updates to legal frameworks are necessary to address emerging threats and ensure accountability and transparency in digital governance​.

Germany’s approach to technology, innovation, and digitalisation reflects a delicate balance between fostering economic growth and safeguarding human rights. The country’s policies and strategies demonstrate a commitment to ensuring that technological progress does not compromise fundamental rights. As Germany continues to navigate this dynamic landscape, the emphasis on human rights in digital governance will remain crucial for achieving a just and inclusive digital future.

Sources and Further Readings:

Latham & Watkins LLP. (2021, January 21). The new German Digitalization Act: An overview. LathamGermany. Retrieved July 12, 2024, from <https://www.lathamgermany.de/2021/01/the-new-german-digitalization-act-an-overview/>.

United Nations General Assembly. (1948). Universal Declaration of Human Rights. <https://www.un.org/en/about-us/universal-declaration-of-human-rights>.

Federal Ministry for Economic Affairs and Climate Action. (2022, September 09). Regulatory sandboxes. Retrieved July 12, 2024, from <https://www.bmwk.de/Redaktion/EN/Dossier/regulatory-sandboxes.html>.

Federal Ministry for Digital and Transport. (2024, June 28). Breitbandförderung. Retrieved July 12, 2024, from <https://bmdv.bund.de/DE/Themen/Digitales/Breitbandausbau/Breitbandfoerderung/breitbandfoerderung.html>.

Messe Düsseldorf GmbH. (n.d.). Digital infrastructure: More fiber optic and 5G networks in Germany. Retrieved July 12, 2024, from <https://www.wire-tradefair.com/en/Media_News/News/Industry_News/Digital_infrastructure_More_fiber_optic_and_5G_networks_in_Germany>.

European Parliament and Council of the European Union. (2016). Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). Official Journal of the European Union, L119, 1-88. <https://eur-lex.europa.eu/eli/reg/2016/679/oj>.

Office of the United Nations High Commissioner for Human Rights. (2021, Septemeber 15). Right to privacy in the digital age: Report 2021. Retrieved from <https://www.ohchr.org/en/calls-for-input/2021/right-privacy-digital-age-report-2021>.

United Nations Development Programme. (2023, March 15). The impact of digital technology on human rights in Europe and Central Asia. Retrieved from <https://www.undp.org/eurasia/publications/impact-digital-technology-human-rights-europe-and-central-asia>.

Rooks, T. (2021, September 18). Is Germany about to take a big step into the digital future? DW. Retrieved from <https://www.dw.com/en/is-germany-about-to-take-a-big-step-into-the-digital-future/a-58806206>.