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18 J. Hum. Rts. 590 (2019)
Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

handle is hein.journals/jrnlhmch18 and id is 588 raw text is: 





           THE JOURNAL OF HUMAN RIGHTS
                         VOL.  18 NO. 5 OCTOBER   2019


  Protection of Basic Human Rights in the Application
                of  Big  Data to Counter Terrorism


                            XIA Yu * & QI Yanping

           Abstract: In the era of big data, the ways people work, live and
       think have changed dramatically, and the social governance system is
       also being restructured. Achieving intelligent social governance has
       now become  a national strategy. he application of big data technol-
       ogy to counterterrorism efforts has become a powerful weapon for all
       countries. However, due to the uncertainty, difficulty of interpretation
       and potential risk of discrimination in big data technology and algo-
       rithm models, basic human rights, freedom and even ethics are likely
       to be impacted and challenged. As a result, there is an urgent need to
       prioritize basic human rights and regulate the application of big data
       for counter terrorism purposes. The legislation and law enforcement
       regarding the use of big data to counter terrorism must be subject
       to constitutional and other legal reviews, so as to strike a balance
       between safeguarding national security and protecting basic human
       rights.
           Keywords:   the application of big data to counter terrorism + al-
       gorithm discrimination * national security + basic human rights + the
       principle of balance


     The spread and escalation of terrorism in various regions have led to increas-
ing multinational anti-terrorism efforts. Terrorist organizations such as the nefarious
al-Qaeda, Islamic State, Liberation Tigers of Tamil Eelam (LTTE), Aum Shinrikyo,
the Japanese doomsday  cult, Hamas, Boko Haram  and other terrorist organizations,
have launched many  terrorist attacks worldwide, causing much loss of life and indeli-
ble psychological damage on people across the world. The 9/11 incident in the United
States, the attacks on U.S. embassies, the Moscow theater hostage incident, the Bali
bombings, the Madrid train bombing, the hijacking incident in Ethiopia, the 7/7 bomb
attacks in the United Kingdom, the three terrorist events in China including the 2013
Tiananmen  Square terrorist attack in Beijing, the 2014 bombing in Urumqi in the Xin-
jiang Uygur autonomous region and the 2014 Kunming railway station terrorist attack,
as well as numerous other similar cases are typical of terrorist attacks. Terrorism has
become  a global problem, a barrier to peaceful development and the development of a

* XIA Yu ( Yi-i), Doctoral Candidate, Intelligent Technology Research Center, School of law, Beijing Institute
  of Technology.
**QI Yanping ( 3FR-* ), Professor, Director of MIIT Key Laboratory of Intelligent Technology Risks Legal
  Prevention and Control, School of Law, Beijing Institute of Technology.

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