Felicity Gerry QCwww.felicitygerry.com

@felicitygerry

USING TECHNOLOGY AND LAW TO COMBAT HUMAN TRAFFICKING.

QC

Legal 500 : “Fearless and effective advocate”

and “Tenacious in court” and  “An expert in the

field of sex offences”

Chambers and Partners

“A vastly experienced advocate noted for her

expertise in serious sexual offences, homicides

and complex frauds. Commentators note her bold

style of advocacy and her skill in dealing with

young and vulnerable defendants”.

At the independent Bar,

Major, serious and complex crime, often with an

international element. Including cross-

jurisdictional rape, murder by foreign nationals

involving evidence obtained from abroad,

conspiracy to import illegal immigrants and

international fraud.

Used data and meta data in criminal trials

Justifying intrusive surveillance?

TERRORISTS AND PAEDOPHILES

Research active post at Charles Darwin University CDU), Australia, focussing on data and rights, particularly in the context of violence against women and girls and the rule of law online.

Recently reported for ILRC of the ABA on the draft Cybercrime Law for Cambodia.

UNDOC - Human trafficking has been identified as a major transnational crime in the Asia-Pacific

Image shows students and lecturers at CDU 

Technology and law…..There’s a moment in a lift…..

“Many experts now believe that big data is the most important new weapon in the fight against modern

slavery. When it comes to fighting human trafficking, technology is key”. How Technology is turning the tables on human

traffickers: By Christina Maza 25th December 2013 < http://mic.com/articles/77303/how-technology-is-turning-the-tables-on-human-traffickers>

•Witness reporting apps in the UK• Government SIM cards in Bahrain to track

migrant workers – visible and traceable.•Monitoring movement – UN study - more

mobiles that toilets.•Crowd sourcing tech in Jakarta.•Good Data or Bad Data?

crime prevention crime investigation crime prosecution

control freedom of information privacyfreedom of expression data protection safetyevidence fair trials ethics

 

Human Exploitation:• Trafficking• Forced labour• Domestic servitude• Organised crime

Global uniformity of law.Creative use of technology, financial reporting, modern policing and corporate responsibility. Crime fighting databases linked across the globe.Exchange of information.Data protection?Creating laws that balance competing interests.Checks and balances on those with power.Redress for those whose basic rights have been interfered with.

DEFINING HUMAN EXPLOITATION

A global constructThere is a dangerous global drift by all States from the necessary common human rights standards in the context of global cyber law. This commitment to common standards requires the formulation of a balanced set of cyber laws and procedures to combat cybercrime and improve cyber security, without compromising human rights.

• POSSESSION, CUSTODY AND CONTROL

• CONSENT• PRIVACY SETTINGS• RESTRICTED ACCESS• FAKERY• CONFIDENTIALITY• PRESERVATION• ABOVE ALL: SAFETY

The real question for lawyers is… how to use technology & the law ethically to combat human trafficking?

 Is smart technology the key to combatting human exploitation?What about where there is no wifi?Is surveillance/ data manipulation one of the greatest human rights abuses?Can data be harnessed as a force for good to facilitate communication & understanding and enhance rights in developed & underdeveloped countries? Using technology in such contexts must be ethically & carefully handled and compliance with existing international obligations on human freedoms need not be compromised if such an approach is proportionate and according to law. At present is has to work outside of global agreement on cyber law but taking the opportunity to use data to combat human rights abuses is a positive that ought to be embraced.

DATA USES TO COMBAT HUMAN RIGHTS ABUSES