UCP Journal of Law & Legal Education

The Right to Privacy & Personal Data Protection: An Analysis of Pakistan’s Proposed Personal Data Protection Bill

2023-12-12T12:09:31+00:00

The fundamental idea of personal data protection is to ensure that individuals (formally known as ‘data subjects’) have control over the collection, use and inferences made from their personal data. It is, therefore, imperative to grant effective knowledge and control to the data subject since [digital] data collection is prevalent in virtually every e-service or digital platform. As a result, user data has become more vulnerable than ever. To overcome exposure issues created by personal data breaches, various jurisdictions have implemented laws that provide for the rules with which personal data is to be collected, processed and disseminated. Following suit, the Government of Pakistan has taken the initiative to protect the privacy and personal data of every citizen through the [prospective] promulgation of the Personal Data Protection Bill, 2021. This is no doubt a pertinent step towards a better and digitally-secure future for Pakistan. However, although the Bill purports to be a sui generis solution to all matters pertaining to personal data protection, it appears to be ineffective in upholding the fundamental principles which are derived from international best practices. This paper studies the philosophical basis for the right to privacy to be expanded to cover the requirements of the digital age, aligned with the use-case scenarios which have emerged after the concept of the right to privacy was initially posited. The Bill is then juxtaposed against international best-practices and analysed as to the efficacy of the implementation of the principles of personal data protection. In conclusion, recommendations for amending the Bill are posited.

Evolving Norms Governing AI Engagement in Legal Practice and the Prospective Alignment of Law School Curriculum

2024-07-09T10:18:56+00:00

As artificial intelligence (AI) applications transcend to yield generative outcomes, the significance of its engagement to enhance productivity in legal practice and dispute resolution forums is increasingly emphasised. With the recent advent of an impressive array of generative AI programs, the urge to harness the technology in the legal profession is difficult to resist. Professional standards of AI engagement are being introduced to respond to the increasing engagement of generative AI in serving legal clientele. Normative prescriptions governing the use of AI in legal practice are crucial to ensure that the right balance is achieved between the benefits offered by the technology and the rights of the clients served. The paper aims to investigate pioneering professional standards regulating AI use in US legal practice and assess how they achieve a balance of interests and adhere to some fundamental principles. The paper calls for a contextual understanding of the technological functioning of AI for its effective professional engagement and the development of governing standards. The paper assesses a range of specific professional and judicial standards governing generative AI use in the US and explores their relevance for other jurisdictions. The paper argues the limitation of continuing legal education to produce AI-empowered lawyers. It proposes the significance of the need for law schools to step in with the necessary curriculum and pedagogical alignment with emerging AI applications and regulatory standards. The paper concludes by examining its key findings and underscores the significance of upholding the right to access AI.

AI and Human Rights: Navigating Technological Responsibility

2024-06-03T06:58:00+00:00

The initial concerns raised by social scientists regarding Artificial Intelligence (AI) Technologies have now expanded to include potential effects on human rights. AI has created tensions affecting human rights, making it crucial to acknowledge these issues and seek solutions. Unfortunately, there are no global statutory rules or conventions regulating AI technologies. This legal uncertainty leaves individuals whose rights are violated by AI without any recourse. AI has had more negative than positive effects on liberties, notably impacting information privacy, equality, freedom of speech and expression, the right to assemble, and employment freedom. AI also affects intellectual property rights and can perpetuate bias and discrimination. A pertinent question is whether AI systems should be granted legal personhood, allowing them to be held accountable for their actions; the answer remains unclear. The paper will follow an analytical research methodology to emphasise that as AI's impact on individual rights grows, governments must develop a regulatory framework. This paper focuses on human rights and the threats posed by AI technologies, particularly examining the legal personhood and responsibility of AI tools. The paper concludes that addressing the relationship between AI and human rights is complex, requiring intentional collaboration among governments, AI system users, and developers.

Mastering the Digital Frontier: The Intersection of Generative AI and Human Rights in the Digital Age

2024-06-01T14:05:58+00:00

The world has entered the digital age with the invention of Artificial Intelligence, and it is the harbinger of great implications for human rights. This paper explores these implications at the nexus of generative AI and digital human rights. This paper looks closely at how AI technologies, particularly generative AI, hold great promise but can sometimes threaten rights, such as privacy, freedom of expression, and non-discrimination. It uses Chat-GPT as a typical case example. It foregrounds the need for strict legal and ethical structures to ensure that the deployment of AI technologies reflects and advances human rights. This paper evaluates digital rights through the prism of human rights, with specific reference to international human rights law. This paper supports the opinion that a human-centred approach to AI, emphasising transparency, accountability, and inclusivity, is suitable. It also suggests making AI accountable and discusses possible approaches to receiving remedies should there be any breach of digital rights. The research will, therefore, help contribute to critical discussions on opportunities and challenges introduced by AI in the context of digital human rights. The paper finally attempts to propose ways to minimise the possible repercussions that AI might have on the enjoyment of digital and human rights.

Amending the Indus Water Treaty

2024-07-10T15:05:01+00:00

The Indus Water Treaty 1960 (‘IWT’) has been a hallmark for transboundary water management and peaceful settlement of transboundary water disputes since its inception. However, recent demands on behalf of India for renegotiation of the IWT bring forth the question of whether there is a need to amend the IWT. It has been indicated that the Indus basin is situated in the area worst affected by climate change. As such, it would be beneficial to both parties to ratify an amendment that establishes a flexible allocation mechanism that reallocates water to accommodate the depreciating downstream flow, ensuring a fair distribution of water to Pakistan. Variability management should also be applied in the creation of new amendments, acknowledging that due to uncontrollable circumstances brought on by climate change, water availability may fluctuate. Other renegotiation reasons fall into distribution and development plans involving the Indus Basin. In this regard, amendments may include regulating the utilisation of the river waters; global climate change; utilisation of groundwater; joint basin development; enhancing the role of the ‘Permanent Indus Commission’; incorporation of international law developments post-1960 etc. Accordingly, this paper has inquired into the primary and secondary sources of research, including treaties, international conventions, judgments of international courts and tribunals, books, research articles etc.