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Big Data paradigm and States' obligations derived from the rights in the field of science enshrined in Article 15 of the International Covenant on Economic, Social and Cultural Rights

Łukasz Szoszkiewicz

Abstract

The dissertation examines the challenges of regulating the development of Artificial Intelligence from a human rights perspective. The starting point for the analysis is the recognition that ever-accelerating technological progress is shaping a new scientific paradigm based on data-intensive research and discovery. As a result, data availability is becoming a key issue to ensure that everyone enjoys the benefits of scientific progress and its applications without discrimination. For this reason, the main objective of the dissertation is to define the States’ obligations related to science (Article 15 of the ICESCR), in particular regarding data availability. The interpretation of these obligations is preceded by the identification of gaps that arise in attempts to regulate data availability through the prism of the right to privacy, the right to freedom of expression and the right to protection of authors’ interests. The dissertation includes analysis of the legal frameworks at three levels, namely UN, EU as well as domestic law of Poland. The last part of the dissertation is devoted to the assessment of Poland's fulfilment of its obligations. To this end, the author proposes his own interpretation of the criteria for fulfilling the obligations to ensure the availability of data (based on the methodology of the CESCR Committee).
Record ID
UAMebb40b0f3d73416ea46621181d24f0d6
Diploma type
Doctor of Philosophy
Author
Title in Polish
Paradygmat Big Data a obowiązki państw wynikające z praw w dziedzinie nauki ustanowionych w art. 15 Międzynarodowego Paktu Praw Gospodarczych, Socjalnych i Kulturalnych
Title in English
Big Data paradigm and States' obligations derived from the rights in the field of science enshrined in Article 15 of the International Covenant on Economic, Social and Cultural Rights
Language
pol (pl) Polish
Certifying Unit
Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)
Scientific discipline (2.0)
5.7 law
Status
Finished
Year of creation
2021
Start date
2019
Defense Date
16-03-2021
Title date
16-03-2021
Supervisor
Pages
268
URL
https://hdl.handle.net/10593/26136 Opening in a new tab
Keywords in English
Big Data; human rights; rights related to science
Abstract in English
The dissertation examines the challenges of regulating the development of Artificial Intelligence from a human rights perspective. The starting point for the analysis is the recognition that ever-accelerating technological progress is shaping a new scientific paradigm based on data-intensive research and discovery. As a result, data availability is becoming a key issue to ensure that everyone enjoys the benefits of scientific progress and its applications without discrimination. For this reason, the main objective of the dissertation is to define the States’ obligations related to science (Article 15 of the ICESCR), in particular regarding data availability. The interpretation of these obligations is preceded by the identification of gaps that arise in attempts to regulate data availability through the prism of the right to privacy, the right to freedom of expression and the right to protection of authors’ interests. The dissertation includes analysis of the legal frameworks at three levels, namely UN, EU as well as domestic law of Poland. The last part of the dissertation is devoted to the assessment of Poland's fulfilment of its obligations. To this end, the author proposes his own interpretation of the criteria for fulfilling the obligations to ensure the availability of data (based on the methodology of the CESCR Committee).

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAMebb40b0f3d73416ea46621181d24f0d6/
URN
urn:amu-prod:UAMebb40b0f3d73416ea46621181d24f0d6

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