Foley Hoag LLP has conducted an independent Human Rights Impact Assessment (HRIA) commissioned by Microsoft that examines Microsoft’s licensing of cloud services, including those incorporating artificial intelligence (AI), to federal and state law enforcement and immigration enforcement agencies in the United States. 

Members of Foley Hoag’s Global Business & Human Rights (GBHR) practice group, including Practice Chair Gare Smith; Privacy and Data Security Co-Chair Christopher Hart; Senior Advisor Isa Mirza; Associate Rumbidzai Maweni; and external researcher Akshay Walia performed the assessment. The effort began in March 2022 after a group of two-dozen shareholders expressed concern that some of the products and technologies Microsoft provided to certain government agencies were used to commit human rights abuses, particularly against individuals who identify as Black, Indigenous, and People of Color (“BIPOC”). The shareholders planned to file a resolution, which was later withdrawn after Microsoft commissioned the independent HRIA.

Using the United Nations Guiding Principles on Business and Human Rights (UNGPs) as a framework, the Foley Hoag team conducted a literature review of Microsoft’s policies and interviewed Microsoft’s executive leadership and a wide range of external stakeholders. The team found no evidence that Microsoft’s software and applications cause human rights harms. Where Microsoft is actively involved in developing products through its consulting services, however, the team recommends that Microsoft seek to mitigate any adverse human rights impacts stemming from the use of those products and to explore and assume responsibility with the guidance of the UNGPs.

“Foley Hoag was privileged to have the opportunity to conduct this independent HRIA,” said Smith. “The information we have gathered indicates that Microsoft is a global leader in promoting respect for human rights, but that it can also do more to secure its human rights ideals. Our report provides a range of perspectives and recommendations for Microsoft’s consideration as it charts its path for fulfilling its commitment to respect human rights.”