Smart cities and cumulative effects on fundamental rights

Abstract

Smart cities are rarely built smart from scratch. For most cities, "smart city" signifies the presence of several smart city projects that emerge over time from various actors. These projects rely on extensive data and algorithms whose use in urban spaces and/or decision-making processes can impact the enjoyment of fundamental rights in cities. Spatially-grounded and socio-economic rights may be particularly affected. This paper explores the issue of cumulative effects on fundamental rights that may arise from the gradual accumulation of smart city projects in modern cities. It argues that in such a complex landscape of multiple actors, projects and rights, important fundamental rights impacts may be incremental and inconspicuous, and thus, difficult to detect and to stop. It advocates for a fundamental rights-oriented impact assessment process that would enable local authorities to understand and mitigate cumulative effects on fundamental rights. Drawing from the environmental law area and the examples of Cumulative Effects Assessments and Strategic Environmental Assessments therein, it provides concrete recommendations for smart city stakeholders on the essential elements needed for such a process. Issue 1This paper is part of Future-proofing the city: A human rights-based approach to governing algorithmic, biometric and smart city technologies, a special issue of Internet Policy Review guest-edited by Alina Wernick and Anna Artyushina.1. This stems from article 52(1) of the EU Charter of Fundamental Rights, provisions of the European Convention of Human Rights (e.g. articles 8(2) and 10(2)) and fundamental rights case law.

Slow-governance in smart cities: An empirical study of smart intersection implementation in four US college towns

“…With respect to US municipalities, whether urban, suburban or rural, there is little consensus or exogenous obligation toward baseline requirements to protect rights beyond certain federal provisions as conditions of the receipt of federal funding, such as for transportation. This reflects a complex polycentric assemblage that is quite distinct from the EU context, wherein coordinated directives and regulations, such as GDPR, provide an organising mechanism (e.g., Christofi, 2023).…”

Future-proofing the city: A human rights-based approach to governing algorithmic, biometric and smart city technologies

“…In their case studies, American university cities that implemented smart city solutions, provide rich data on value-driven and community-based approaches to the governance of smart city infrastructure. Christofi (2023) highlights the problem of the accumulation of human rights effects from legally compliant smart city projects and offers a useful comparison with environmental law, where cumulative harms are being addressed. On this basis, she proposes an impact assessment model to review the projects' cumulative effects on citizens' rights.…”

“…On this basis, she proposes an impact assessment model to review the projects' cumulative effects on citizens' rights. Both Sanfilippo and Frischmann's (2023), and Christofi's (2023) studies, call for the greater involve-ment of communities in the design, decision-making and governance of smart cities; Sanfilippo and Frischmann (2023) offer examples of the technologies that have been dismantled or redesigned as they did not address the needs of the residents.…”

“…Third, implementing HRBA at the design stage can help develop technological tools that actually serve the needs of citizens (see Wernick et al, 2023;Tupasela et al, 2023). Fourth, it is immensely important to address the long-term, cumulative effects of smart city technologies, and there may be a practical necessity in adopting the regulatory approach that has been successfully implemented in environmental law (see Christofi, 2023).…”

“…As showcased by Tupasela et al (2023), Ramiro & Cruz (2023) and Christofi's (2023) articles, HRBA by design and HRBA in cities are not mutually exclusive, but complementary. HRBA by design approaches, both in its risk-based and proactive forms, belong to the toolbox of HRBA in cities (UN-Habitat, 2022).…”