Stefaan Verhulst

Book by Margaret Doyle and Nick O’Brien: “This book reconnects everyday justice with social rights. It rediscovers human rights in the ‘small places’ of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice – ombuds, tribunals and mediation – rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of ‘user focus’, with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture….(More)”.

Swissinfo: “Swiss researchers have found that algorithms that mine large swaths of data can eliminate anonymity in federal court rulings. This could have major ramifications for transparency and privacy protection.

This is the result of a study by the University of Zurich’s Institute of Law, published in the legal journal “Jusletter” and shared by Swiss public television SRF on Monday.

The study relied on a “web scraping technique” or mining of large swaths of data. The researchers created a database of all decisions of the Supreme Court available online from 2000 to 2018 – a total of 122,218 decisions. Additional decisions from the Federal Administrative Court and the Federal Office of Public Health were also added.

Using an algorithm and manual searches for connections between data, the researchers were able to de-anonymise, in other words reveal identities, in 84% of the judgments in less than an hour.

In this specific study, the researchers were able to identify the pharma companies and medicines hidden in the documents of the complaints filed in court.  

Study authors say that this could have far-reaching consequences for transparency and privacy. One of the study’s co-authors Kerstin Noëlle Vokinger, professor of law at the University of Zurich explains that, “With today’s technological possibilities, anonymisation is no longer guaranteed in certain areas”. The researchers say the technique could be applied to any publicly available database.

Vokinger added there is a need to balance necessary transparency while safeguarding the personal rights of individuals.

Adrian Lobsiger, the Swiss Federal Data Protection Commissioner, told SRF that this confirms his view that facts may need to be treated as personal data in the age of technology….(More)”.

Report by Beth Noveck and Rod Glover: “Governments of all political stripes are being buffeted by technological and societal change. There is a pervasive sense globally that governments are not doing as well as they ought to solve our biggest policy problems. Pressure has intensified to provide better services and experiences, and deliver measurable results that improve people’s lives. The failure to meet our most pressing challenges help to explain why in Australia, trust in government is at an all-time low. New technologies, however, bring with them the opportunity to rethink how the public sector in Australia might solve public problems by building a workforce with diverse and innovative skills, especially how to use data and actively reach out beyond the public sector itself.

Commissioned by the Australia and New Zealand School of Government (ANZSOG), this report builds on a pioneering survey of almost 400 public servants in Australia and New Zealand, dozens of interviews with senior practitioners, and original research into how governments around the world are training public officials in innovative practices.

The survey findings show that public servants are eager to embrace skills for innovation but receive inadequate training in them….(More)”

Paper by Sebastian Vith, Achim Oberg, Markus A. Höllerer and Renate E. Meyer: “Recent developments around the sharing economy bring to the fore questions of governability and broader societal benefit—and subsequently the need to explore effective means of public governance, from nurturing, on the one hand, to restriction, on the other. As sharing is a predominately urban phenomenon in modern societies, cities around the globe have become both locus of action and central actor in the debates over the nature and organization of the sharing economy. However, cities vary substantially in the interpretation of potential opportunities and challenges, as well as in their governance responses. Building on a qualitative comparative analysis of 16 leading global cities, our findings reveal four framings of the sharing economy: ‘societal endangerment,’ ‘societal enhancement,’ ‘market disruption,’ and ‘ecological transition.’ Such framings go hand in hand with patterned governance responses: although there is considerable heterogeneity in the combination of public governance strategies, we find specific configurations of framings and public governance strategies. Our work reflects the political and ethical debates on various economic, social, and moral issues related to the sharing economy, and contributes to a better understanding of the field-level institutional arrangements—a prerequisite for examining moral behavior of sharing economy organizations….(More)”.

Inaugural lecture by K.J. Meier: “One of the major questions, perhaps the major question, in the field of public administration is how to reconcile the need for bureaucracy with the democratic process. Bureaucracies after all are not seen as democratic institutions and operate based on hierarchy and expertise rather than popular will (see Mosher 1968). I take a distinctly minority view in the field, seeing bureaucracy not so much as a threat to democracy in existing mature democracies but as a necessary precondition for the existence of democracy in modern society (Meier 1997).

Democracy is a system of governance with high transactions costs that seeks democratic ideals of representation, equity, and fairness with only modest, if any, concern for efficiency. Effective bureaucracies are the institutions that produce the outcomes that build public support for democracy and in a sense generate the surplus that allows democratic processes to survive and flourish. Although bureaucracies may have none of the trappings of democracy internally, their role in contributing to democratic governance means that they should also be considered democratic institutions. Scholars, politicians, and citizens need to be concerned about preserving and protecting bureaucracy just as they seek to preserve and protect our official institutions of democracy.

Within the general theme of bureaucracy and democracy, this lecture will address two major concerns – (1) the failure of politics which severs the crucial link between voters and elected officials and poses major challenges to bureaucrats seeking to administer effective programs, and (2) the subsequent need for bureaucracy to also become an institution that represents the public. Within this concern about bureaucratic representation, the lecture will address how bureaucracies can assess the needs of citizens, and more narrowly how representative bureaucracy can be and is instrumental to the bureaucracy, and finally the limits of symbolic representation within bureaucracies….(More)”.

Book edited by Tony Evans and Peter Hupe: “Actors in public situations are in some ways subject to control while also exercising freedom. Discretion in contemporary societies is increasingly characterized by cross-cutting systems of control as well as by conflicting conceptions of knowledge and expertise. There is also the paradox of the autonomous individual empowered by social media while simultaneously being subject to its algorithms and surveillance. Narrow disciplinary conceptions of discretion—whether they come from law, economics, sociology or politics—are of limited value in understanding the contemporary dynamics of discretion. This chapter describes these phenomena and also seeks to capture the operation of discretion in different settings while examining its role and evaluating its use. It is argued that we need to recognize developing debates within disciplines, cross-fertilization between them and innovative developments at the margins of those disciplines. That enables the conceptualization of the natures, operations and evaluations of discretion as a context-sensitive and dynamic idea….(More)”.

Sara Fischer and Scott Rosenberg at Axios: “Over the past two years, the U.S. government has tried to rein in how major tech companies use the personal data they’ve gathered on their customers. At the same time, government agencies are themselves seeking to harness those troves of data.

Why it matters: Tech platforms use personal information to target ads, whereas the government can use it to prevent and solve crimes, deliver benefits to citizens — or (illegally) target political dissent.

Driving the news: A new report from the Wall Street Journal details the ways in which family DNA testing sites like FamilyTreeDNA are pressured by the FBI to hand over customer data to help solve criminal cases using DNA.

• The trend has privacy experts worried about the potential implications of the government having access to large pools of genetic data, even though many people whose data is included never agreed to its use for that purpose.

The FBI has particular interest in data from genetic and social media sites, because it could help solve crimes and protect the public.

• For example, the FBI is “soliciting proposals from outside vendors for a contract to pull vast quantities of public data” from Facebook, Twitter Inc. and other social media companies,“ the Wall Street Journal reports.
• The request is meant to help the agency surveil social behavior to “mitigate multifaceted threats, while ensuring all privacy and civil liberties compliance requirements are met.”
• Meanwhile, the Trump administration has also urged social media platforms to cooperate with the governmentin efforts to flag individual users as potential mass shooters.

Other agencies have their eyes on big data troves as well.

• Earlier this year, settlement talks between Facebook and the Department of Housing and Urban Development broke down over an advertising discrimination lawsuit when, according to a Facebook spokesperson, HUD “insisted on access to sensitive information — like user data — without adequate safeguards.”
• HUD presumably wanted access to the data to ensure advertising discrimination wasn’t occurring on the platform, but it’s unclear whether the agency needed user data to be able to support that investigation….(More)”.

Byron Tau and Aruna Viswanatha in the Wall Street Journal: “When federal investigators got a tip in 2015 that a health center in Houston was distributing millions of doses of opioid painkillers, they tried a new approach: look at the numbers.

State and federal prescription and medical billing data showed a pattern of overprescription, giving authorities enough ammunition to send an undercover Drug Enforcement Administration agent. She found a crowded waiting room and armed security guards. After a 91-second appointment with the sole doctor, the agent paid $270 at the cash-only clinic and walked out with 100 10mg pills of the powerful opioid hydrocodone.

The subsequent prosecution of the doctor and the clinic owner, who were sentenced last year to 35 years in prison, laid the groundwork for a new data-driven Justice Department strategy to help target one of the worst public-health crises in the country. Prosecutors expanded the pilot program from Houston to the hard-hit Appalachian region in early 2019. Within months, the effort resulted in the indictments of dozens of doctors, nurses, pharmacists and others. Two-thirds of them had been identified through analyzing the data, a Justice Department official said. A quarter of defendants were expected to plead guilty, according to the Justice Department, and additional indictments through the program are expected in the coming weeks.

“These are doctors behaving like drug dealers,” said Brian Benczkowski, head of the Justice Department’s criminal division who oversaw the expansion.

“They’ve been operating as though nobody could see them for a long period of time. Now we have the data,” Mr. Benczkowski said.

The Justice Department’s fraud section has been using data analytics in health-care prosecutions for several years—combing through Medicare and Medicaid billing data for evidence of fraud, and deploying the strategy in cities around the country that saw outlier billings. In 2018, the health-care fraud unit charged more than 300 people with fraud totaling more than $2 billion, according to the Justice Department.

But using the data to combat the opioid crisis, which is ravaging communities across the country, is a new development for the department, which has made tackling the epidemic a key priority in the Trump administration….(More)”.

Tooran Alizadeh, Somwrita Sarkar and Sandy Burgoyne in Cities: “Social media and online communication have changed the way citizens engage in all aspects of lives from shopping and education, to how communities are planned and developed. It is no longer one-way or two- way communication. Instead, via networked all-to-all communication channels, our citizens engage on urban issues in a complex and more connected way than ever before. So government needs new ways to listen to its citizens. The paper comprises three components. Firstly, we build on the growing discussions in the literature focused on smart cities, on one hand, and social media research, on the other, to capture the diversity of citizen voices and better inform decision-making. Secondly, with the support of the Australian Federal Government and in collaboration with the local government partners, we collect citizen voices from Twitter on selected urban projects. Thirdly, we present preliminary findings in terms of quantity and quality of publicly available online data representing citizen concerns on the urban matters. By analyzing the sentiments of the citizen voices captured online, clustering them into topic areas, and then reevaluating citizen’s sentiments within each cluster, we elaborate the scope and value of technologically-enabled opportunities in terms of enabling participatory local government decision making processes….(More)”.

Paper by Lisa Schmidthuber, Dennis Hilgers,  and Maximilian Rapp: “Citizen engagement is seen as a way to address a range of societal challenges, fiscal constraints, as well as wicked problems, and increasing public participation in political decisions could help to address low levels of trust in politicians and decreasing satisfaction with political parties. This paper examines the perceived impacts of an experiment by the Austrian People’s Party which, in response to reaching a historic low in the polls, opened up its manifesto process to public participation via digital technology. Analysis of survey data from participants found that self-efficacy is positively associated with participation intensity but negatively related to satisfaction. In contrast, collective efficacy is related to positive perceptions of public participation in party politics but does not influence levels of individual participation. Future research is needed to explore the outcomes of political innovations that use digital technologies to enable public participation on voting behaviour, party membership and attitudes to representative democracy….(More)”.