The rapid development and deployment of new technologies, such as biometric systems, artificial intelligence (AI), and digital surveillance, are revolutionizing many aspects of society. While these technologies promise greater efficiency, security, and convenience, they also present serious challenges to fundamental human rights. As governments and private entities increasingly adopt these tools, concerns about privacy, freedom of expression, and discrimination have come to the forefront of legal and ethical debates.

One of the primary human rights at risk from new technologies is the right to privacy. Biometric systems, such as facial recognition, and digital surveillance technologies can track individuals’ locations, habits, and personal data without their consent. In public spaces, where the use of facial recognition is growing, individuals are often unaware that their data is being collected, raising significant privacy concerns. Moreover, the mass collection of personal information can lead to abuse if such data falls into the wrong hands or is used without proper safeguards.

Closely linked to privacy is the risk to freedom of expression and freedom of assembly. Widespread surveillance in public areas can create a chilling effect, where individuals are less likely to engage in protests or express dissenting opinions if they believe they are being monitored. This issue is especially prevalent in authoritarian regimes, where digital surveillance is employed as a tool for suppressing opposition.

Another critical issue is discrimination. The use of AI and algorithms in decision-making processes—whether in hiring, credit approval, or predictive policing—can lead to systemic biases. For instance, facial recognition software has been shown to exhibit higher error rates when identifying people of color, raising concerns about racial profiling and unequal treatment under the law. Similarly, predictive algorithms in law enforcement can perpetuate existing biases by disproportionately targeting certain communities, thus violating the principle of equality.

At the heart of the regulatory response to these concerns is the European Union’s General Data Protection Regulation (GDPR), one of the most comprehensive frameworks for data protection. The GDPR emphasizes individual consent, transparency, and accountability, providing a strong legal foundation for protecting privacy in the digital age. However, the fast-paced evolution of technology means that even forward-looking regulations like the GDPR may struggle to keep up with emerging threats.

On a broader scale, international treaties such as the European Convention on Human Rights (ECHR) play a key role in safeguarding human rights in the context of technology. The European Court of Human Rights (ECtHR) has heard several cases related to digital surveillance, and its rulings have been pivotal in defining the balance between state security and individual privacy. For example, the ECtHR has emphasized the need for strict safeguards when surveillance is used, ensuring that such measures are necessary and proportionate.

There are numerous high-profile examples where the deployment of digital surveillance has sparked legal and ethical debates. For instance, in Hong Kong, facial recognition technology was used during protests, raising global concerns about the erosion of privacy and freedom of assembly. Similarly, in the United States, lawsuits have challenged the constitutionality of biometric data collection, particularly in cases involving the police and private companies.

Recent court decisions reflect the growing legal scrutiny surrounding these technologies. In the U.S. Supreme Court, cases involving the use of digital data by law enforcement have prompted a re-examination of Fourth Amendment rights against unreasonable searches and seizures. In Europe, the ECtHR has ruled on several occasions that blanket surveillance measures violate the right to privacy, underscoring the need for targeted and justified use of such technologies.

One of the major challenges in regulating new technologies is finding the right balance between security and human rights. Governments argue that biometric surveillance and AI are crucial for preventing crime and ensuring national security. However, this must be weighed against the risk of infringing on individuals' rights. Without proper oversight, there is a real danger that these technologies could be used in ways that erode civil liberties.

On the other hand, the rise of these technologies presents an opportunity to develop new, global standards for their ethical use. Policymakers and legal professionals must work together to ensure that innovation does not come at the expense of human rights. This includes creating stronger safeguards, such as requiring transparent AI algorithms, limiting the use of surveillance to specific contexts, and ensuring that individuals have control over their own biometric data.

In Portugal, the legal framework for data protection and digital surveillance is largely shaped by the GDPR, as well as national laws, such as Lei n.º 58/2019, which adapts the GDPR into Portuguese law. This legislation ensures that individuals' rights to privacy and data protection are enshrined in national law. However, the implementation of surveillance technologies, such as facial recognition, has sparked considerable debate.

Recently, the proposal to introduce facial recognition technology for law enforcement in public spaces, including airports and large events, led to public and political backlash. Critics argued that such measures would infringe on the constitutional rights to privacy and the protection of personal data. The Portuguese Parliament ended up rejecting these proposals, highlighting a national sensitivity to the balance between security measures and individual freedoms.

Moreover, the Comissão Nacional de Proteção de Dados (CNPD) plays a crucial role in ensuring that the use of biometric data and surveillance complies with privacy laws. In 2021, the CNPD issued warnings regarding the use of surveillance cameras in public places, emphasizing that the indiscriminate collection of personal data, even for security purposes, must respect data minimization principles and citizens' fundamental rights.

This cautious approach reflects Portugal's commitment to aligning with European human rights standards while carefully evaluating the potential impacts of emerging technologies on civil liberties.

The intersection of human rights and new technologies is a complex and rapidly evolving field. As digital surveillance, AI, and biometrics become increasingly integrated into daily life, it is crucial that legal frameworks adapt to protect fundamental rights. Ensuring that human rights remain the cornerstone of any technological advancements will require ongoing vigilance, robust regulations, and a commitment to ethical innovation.