Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-22T04:30:11.330Z Has data issue: false hasContentIssue false

Technology Companies’ Due Diligence and the Responsibility to Respect Amid COVID-19: What are Proportionate Means where there is Power and Reliance?

Published online by Cambridge University Press:  22 February 2022

Philip Czech
Affiliation:
University of Salzburg
Lisa Heschl
Affiliation:
University of Graz
Karin Lukas
Affiliation:
Ludwig Boltzmann Institut für Menschenrechte, Austria
Manfred Nowak
Affiliation:
University of Vienna
Gerd Oberleitner
Affiliation:
European Training and Research Centre for Human Rights and Democracy, University of Graz
Get access

Summary

ABSTRACT

Technology companies have played a central role worldwide during the COVID-19 pandemic by assisting states, individuals, businesses and other entities to get through not only a public health crisis but also a socio-economic one. Through an investigation of reliance and corporate power over human rights in the context of COVID-19, this contribution investigates whether current understandings of ‘proportionate means’ of meeting the responsibility to respect are sufficient and whether considerations of ‘enhanced due diligence’ are appropriate in this context. Following an exploration of the reliance on, and power of, tech companies during the pandemic, this contribution investigates changes in the factors that determine what proportionate means of meeting the responsibility to respect under Principles 14 and 15 of the United Nations Guiding Principles on Business and Human Rights (UNGPs) look like, including through a power lens. Finally, based on the concept of ‘enhanced due diligence’ for businesses operating in conflict affected regions, this contribution scopes out similarities to the COVID-19 context and explores the opportunity of employing heightened human rights due diligence in contexts such as COVID-19. Ultimately, this contribution tackles the understudied notion of ‘proportionate means’, probes the influence that power has on the corporate responsibility to respect, and suggests the need for enhanced due diligence where there is significant change, power and reliance. This does not only bear significance during the pandemic, but can also help develop an enhanced understanding of corporate responsibility and due diligence requirements post-pandemic.

INTRODUCTION

COVID-19 was declared a global pandemic by the World Health Organization (WHO) on 11 March 2020. While primarily threatening the right to life and health, the pandemic, and responses to it, have brought about a wide range of effects that negatively impact people's lives and livelihoods. Due to restrictions of the freedom of movement and association in the form of lock downs and quarantine measures, individuals and communities around the world have depended on digital technologies to stay in touch, work and have access to education, information and even health services. Using digital technologies in diverse areas of everyday life is not completely new. The Internet, search engines, social media, video conferencing and cloud computing platforms existed before the pandemic and will continue to play a major role in society after the crisis.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×