ARL Scenario: Inappropriate usage of missing person
information
Description of events/Transaction Log
- Delta company finds foreign language documents containing names,
addresses, and pictures at the IED factory
- The documents are translated into HTML with RDFa markup
- RDFa is extracted from the translated documents and matched
against the Red Cross missing persons database
- A match returned. The suspected terrorist's brother has filed
him as a missing person. The search result includes the brother's
address
- Delta company carry out the search at the brother's
premises
- The brother files a complaint asking for a reason why his
premises were searched
- The AIR reasoners infers that the use of Red Cross data to carry
out a search violates the UN resolution and the Universal
Declaration of Human Rights article 12
- Transaction
log in N3
Policy
There were several policies that could be applicable including
- Red Cross Policy
This is what the International Committee of the Red Cross (ICRC)
says about information used for family reunification:
"The information given on this website is not confidential and
can be consulted by everyone. It is the responsibility of those
registering to ensure that no harm is caused by
registration. The ICRC cannot accept any responsibility for any
consequences for an individual arising from registration."
http://www.icrc.org/Web/doc/siterfl0.nsf/html/familylinks-gulf2003-eng
- Universal Declaration of Human Rights
The Universal Declaration of Human Rights provides for privacy
of family relationships:
Article 12
"No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his
honour and reputation. Everyone has the right to the protection
of the law against such interference or attacks."
http://www.unhchr.ch/udhr/lang/eng.htm
- Geneva Convention
(4) Convention (IV) relative to the Protection of Civilian Persons in
Time of War. Geneva, 12 August 1949.
Part I : General provisions Article 10
"The provisions of the present Convention constitute no obstacle
to the humanitarian activities which the International Committee
of the Red Cross or any other impartial humanitarian
organization may, subject to the consent of the Parties to the
conflict concerned, undertake for the protection of civilian
persons and for their relief."
http://www.icrc.org/ihl.nsf/WebART/380-600013?OpenDocument
- UN General Assembly resolution
"Humanitarian assistance must be provided in accordance with the
principles of humanity, neutrality and impartiality."
http://www.un.org/documents/ga/res/46/a46r182.htm
Policy analysis
- Red cross rule says that user of data is responsible for
ensuring no harm will come from registration on the website and
from using the data. So we cannot use this to prove disprove
incompliance.
- Universal Declaration of Human rights, Article 12 rule that
says no one should be subjected to arbitrary interference with
respect to privacy and home. As the search was carried out
without due process i.e. without giving notice or obtaining
consent, we can show that this policy was violated
-
The UN Resolution provides details of acceptable humanitarian
relief. As the search of the brother's premises was not carried
out for humanitarian relief but for counter terrorism, this
policy was also violated.
-
Universal Declaration of Human rights
Policy
UN General Assembly resolution
Policy
Outcome
Complaint is analyzed by the AIR reasoner with the following result:
- reasoning result: complaint by brother is valid and the use of
Red cross data for purposes other than humanitarian purposes
without "due process" violates both the Universal Declaration of
Human rights, Article 12 and and the UN General Assembly Resolution
- explanation offered by reasoner: - search is invalid because (i)
search depends on Red Cross data (ii) Red Cross data can only be
used for humanitarian purposes or if consent was provided or if
there was 'due process'.
- SearchEvent is non-compliant
References
maintained by Lalana Kagal
$Revision: 31712 $
$Date: 2012年10月15日 17:48:46 -0400 (2012年10月15日) $