The emergence of the digital age, marked by the advent of personal computers in the 1970s, the rise of the internet in the 1990s, and the proliferation of smartphones in the 2000s, has ushered in an era of unprecedented connectivity and information exchange[1]. This technological revolution, often termed the Fourth Industrial Revolution, is characterised by the fusion of technologies that blur the lines between physical, digital, and biological spheres. According to Forbes, out of the nearly 8 billion people in the world, 5.35 billion of them, or around 66% of the world’s population, have access to the internet, with mobile devices accounting for 96.5% of individuals accessing the internet this way.[2]. This digital transformation has given birth to new rights and legal challenges, particularly in intellectual property, privacy, and data protection.
“Data is the oil” - Clive Humby
This assertion points to the importance of data as the propelling force in the current “fourth industrial revolution.
The information age saw a rise in the importance of data, information and knowledge, with striving institutions being data-driven entities that use analytics to transform information into insight and action[3]. Further, information technology represents the lifeblood infrastructure of businesses. The storage of data, the retrieval of information, and the creation of knowledge are key business processes for any Information Age organisation.
Thus, establishing a need for robust digital rights and data protection frameworks. This has been underscored by numerous high-profile incidents, such as the 2013 Yahoo data breach affecting 3 billion user accounts and the 2017 Equifax breach exposing sensitive information of 147 million people. These events, coupled with ongoing issues of digital piracy and unauthorised distribution of copyrighted material costing an estimated between $384 - $856 billion as of 2022[4], have highlighted the critical importance of safeguarding individual rights in the digital sphere. In response, data protection laws have evolved significantly since the 1970s, culminating in landmark legislation such as the General Data Protection Regulation (GDPR) in 2018, which set a new global standard for privacy rights and data protection.
The relevance of digital rights and data protection as a legal field extends far beyond mere regulatory compliance. It plays a crucial role in protecting individual privacy and autonomy, ensuring fair and ethical use of personal data, fostering trust in digital ecosystems, and addressing the challenges posed by emerging technologies like artificial intelligence (AI) and the Internet of Things (IoT).
Relevance, Lessons from the Archives
Law has in the past been an instrument of social change with major contributions to the various developments of mankind including the first industrial revolution with legal developments such as the Factory Act in 1833 in the UK providing labour reforms, Statute of Monopolies (1624) and the Statute of Anne (1710) establishing intellectual property rights and landmark cases like Salomon v Salomon & Co Ltd [1897] which shaped corporate law during the First Industrial Revolution.
Consequently, digital rights and data protection laws are poised to engineer social change in the current technological era. This is evident in the development of new legal frameworks for concepts like data, and tokenisation, which enables innovative forms of investment such as real estate tokenisation, and in the interpretation of established legal principles in the digital age; an instance can be seen in the Canadian contract case South West Terminal Ltd. V. Achter Land & Cattle Ltd. (2023 SKKB 116) where an emoji was accepted as a valid indication of contractual intent.
The establishment and enforcement of established and new rights in the digital age highlight digital rights and data protection to the legal profession. Consequently, law establishes and shapes rights in the information age, mirroring its historical function during earlier periods of technological transformation. Just as the first industrial revolution saw the emergence and codification of labour rights, intellectual property protections, and corporate law, the digital era demands legal frameworks to address new challenges and protect citizens in the evolving digital landscape. The right to privacy and data protection have emerged as fundamental digital rights, analogous to the right to property or freedom of expression established in earlier eras. These new rights are being enshrined in legislation and constitutional provisions worldwide, reflecting their importance in democratic societies. For instance, while the Nigerian Constitution of 1999 does not explicitly mention data protection, Section 37 provides for the right to privacy, stating: "The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected." This provision has been interpreted to extend to digital privacy and data protection in the information age. The establishment of these rights through law serves to empower citizens, protect their interests in the digital realm, and provide a framework for addressing conflicts and violations in this new frontier. As technology continues to advance, the law's role in shaping and protecting digital rights remains crucial in maintaining the balance between innovation and individual freedoms, ensuring that the benefits of the information age are realised while preserving fundamental human rights and democratic values.
Further, the ongoing development of digital rights and data protection law reflects longstanding debates in legal philosophy, echoing discussions by jurists like John Austin on the relationship between law and morality. As we navigate the complexities of the Information Age, the legal profession is not just responding to change but actively shaping our digital future. By establishing robust frameworks for privacy, data protection, and ethical use of technology, they are engineering a digital society that respects individual rights while fostering innovation. The relevance of this legal field extends far beyond technical or regulatory concerns; it touches on fundamental questions of human dignity, autonomy, and the nature of privacy in the digital age. As we continue to grapple with the rapid pace of technological advancement, the development of digital rights and data protection law will be essential in ensuring that the Fourth Industrial Revolution serves humanity's best interests while upholding core ethical principles. In this way, the field stands at the forefront of legal and ethical challenges in our increasingly interconnected world, playing a pivotal role in shaping the digital landscape for generations to come.
Conclusion
The digital revolution has fundamentally transformed our society, economy, and legal landscape, underscoring the critical importance of digital rights and data protection. As we navigate the Fourth Industrial Revolution, the legal profession stands at the forefront of shaping our digital future. Drawing on historical precedents of law's role in periods of technological change, today's legal experts are tasked with interpreting existing laws in the context of new technologies and developing frameworks that balance innovation with individual rights. The field of digital rights and data protection extends beyond mere regulatory compliance, touching on fundamental questions of ethics, human dignity, and the nature of privacy in our interconnected world. As emerging technologies like AI, IoT, and blockchain continue to present new challenges, legal professionals must adapt and expand their expertise. Furthermore, the increasing complexity of global data flows necessitates international cooperation and harmonisation of legal standards. In essence, the ongoing development of digital rights and data protection frameworks exemplifies the enduring relevance of the legal profession in times of profound technological and social change, actively shaping a digital future that respects human rights, promotes innovation, and upholds the rule of law.
[1] Editors of Encyclopaedia Britannica, 'Personal Computer' (Encyclopedia Britannica, 26 September 2024) https://www.britannica.com/technology/personal-computer accessed 1 October 2024.
[2] Pelchen L, ‘Internet Usage Statistics in 2024’ Forbes (1 March 2024) <https://www.forbes.com/home-improvement/internet/internet-statistics/> accessed 1 October 2024
[3] LaValle S, Lesser E, Shockley R, Hopkins MS, and Kruschwitz N, ‘Big Data, Analytics and the Path from Insights to Value’ (2011) 52 MIT Sloan Management Review 21.
[4] ‘THE ECONOMIC COSTS of COUNTERFEITING and PIRACY Report Prepared for BASCAP and INTA Executive Summary’ (2017)<https://iccwbo.org/wp-content/uploads/sites/3/2017/02/ICC-BASCAP-Frontier-report-2016-Executive-Summary.pdf>
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