CEU Electronic Theses and Dissertations, 2020
| Author | Vladimirova, Anastasiia |
|---|---|
| Title | Privacy, Encryption And Human Rights: A Comparative Analysis Of Anti-Encryption Policies In Russia And Turkey And Their Effect On Human Rights Actors |
| Summary | This essay aims to develop a critical approach to encryption and its role in ensuring the exercise of human rights in the digital age, specifically the right to privacy and the right to free expression. In light of increasing attempts by states to restrict the use of cryptographic technologies, the author will focus on two unique case-studies – Russia and Turkey. In Turkey, following the attempted coup in July 2016, the authorities used the state of emergency to target activists, journalists and human rights defenders, specifically within the context of using encrypted communication tools. In Russia, several controversial amendments to the existing counter-terrorism laws were passed over the recent years that directly target encryption. As such, the two countries represent distinct examples of how governments rely on domestic anti-terrorism legislation and invoke national security to constrict online spaces, particularly the use of encryption technologies. Starting with setting out conceptional and theoretical frameworks for privacy and freedom of expression, the author will analyze scholarly works that shaped both concepts. The author will further focus on the comparative analysis of the laws that govern the use of encryption in Turkey and Russia, arguing that by invoking the notions of national security, non-democratic states bypass their obligations under international human rights law in order to restrict the use of encryption among human rights actors and members of the civil society. The author will then discuss the common themes emerging from evaluation of the situations in Russia and Turkey and will make several concrete recommendations which could help address challenges posed to the use of encryption by non-democratic states. Finally, based on the argument that encryption is intimately interconnected with the rights to privacy and freedom of expression, as evident from the two case-studies, the author will argue that due to its enabling and protective function, encryption requires special protection under international human rights law. |
| Supervisor | Parmar, Sejal |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2020/vladimirova_anastasi.pdf |
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