A/HRC/50/56
Toolkit on Human Rights,69 which provides investors with practical guidance and tools for
applying the Guiding Principles to their investment practices.70
C.
Addressing risks to people connected to business models
72.
More and more, technology company business models are being criticized for creating
or exacerbating negative impacts on a range of human rights by accumulating extensive
behavioural data to make increasingly accurate and highly lucrative predictions about the
interests and behaviours of individuals and groups in society.71
73.
The Guiding Principles can offer insights about how to address situations in which the
most serious risks to people are inherent in the business models of technology companies.
Indeed, the corporate responsibility to respect human rights applies from the moment that the
business enterprise is established and as it expands and grows, which should translate into
consideration of whether the company’s business model and strategy create risks to human
rights.
74.
As a starting point, technology companies should proactively identify when their
business model-driven practices, and related technology designs, create or exacerbate human
rights risks and engage peers and stakeholder in discussions about this. Companies may then
need to take action to address such situations – whether by mitigating risks within existing
business models or by innovating entirely new ones. This is not to suggest that a given
business model will be fully negative. That is rarely the case. The key point is that, consistent
with the corporate responsibility to respect human rights, technology companies should
“know and show” how they address adverse risks or impacts to people connected to their
business models (general principle 15, commentary).
75.
If a company cannot take effective steps to prevent or mitigate negative human rights
impacts within the framework of its existing business models, this should lead to inquiries
about whether that model needs to be adapted or even transformed by the company acting
alone, on an industry-wide basis or in response to regulatory action. This will require
engagement by boards of directors, executives, entrepreneurs and founders that have an
influence on company strategy. Engagement with external stakeholders, especially affected
ones, is a critical aspect of operating with respect for human rights, including when
addressing business-model-related human rights risks.
76.
Institutional investors, as part of their responsibility to respect human rights, have a
key role to play in this regard, having to integrate human rights considerations in all stages
of investing, including in how they inform and influence their investees’ business model
choices. Alongside action by investors, the policy frameworks, laws and regulations that
Governments put in place as part of the smart mix of measures they deploy to shape the
sector’s business practices are of critical importance in addressing business-model-related
human rights harms.
IV. Conclusions and recommendations
77.
In the face of ever more complex technologies being developed and deployed,
along with the associated risks and challenges, the Guiding Principles are increasingly
being recognized as a powerful tool for public, private and civil society actors to ensure
that innovation is done responsibly and with respect for human rights. As noted in goal
1.3 of the road map for the next decade of business and human rights (Guiding
Principles 10+ road map), the Guiding Principles provide “a compelling starting point
69
70
71
14
See https://investorsforhumanrights.org/investor-toolkit-human-rights.
See also https://rankingdigitalrights.org/investors/; https://shiftproject.org/resource/lgindicators/about-lgis/; https://investorsforhumanrights.org/ict-salient-issue-briefings-investors;
https://www.accessnow.org/transparency-reporting-index/; and
https://globalnetworkinitiative.org/company-assessments/.
See further https://www.ohchr.org/sites/default/files/Documents/Issues/Business/BTech/B_Tech_Foundational_Paper.pdf.