Collection

The Narrow Corridor

Curated on October 2, 2019October 2, 2019 by Stefaan Verhulst

Book by Daron Acemoglu and James A. Robinson: “…In their new book, they build a new theory about liberty and how to achieve it, drawing a wealth of evidence from both current affairs and disparate threads of world history.

Liberty is hardly the “natural” order of things. In most places and at most times, the strong have dominated the weak and human freedom has been quashed by force or by customs and norms. Either states have been too weak to protect individuals from these threats, or states have been too strong for people to protect themselves from despotism. Liberty emerges only when a delicate and precarious balance is struck between state and society.

There is a Western myth that political liberty is a durable construct, arrived at by a process of “enlightenment.” This static view is a fantasy, the authors argue. In reality, the corridor to liberty is narrow and stays open only via a fundamental and incessant struggle between state and society: The authors look to the American Civil Rights Movement, Europe’s early and recent history, the Zapotec civilization circa 500 BCE, and Lagos’s efforts to uproot corruption and institute government accountability to illustrate what it takes to get and stay in the corridor. But they also examine Chinese imperial history, colonialism in the Pacific, India’s caste system, Saudi Arabia’s suffocating cage of norms, and the “Paper Leviathan” of many Latin American and African nations to show how countries can drift away from it, and explain the feedback loops that make liberty harder to achieve.

Today we are in the midst of a time of wrenching destabilization. We need liberty more than ever, and yet the corridor to liberty is becoming narrower and more treacherous. The danger on the horizon is not “just” the loss of our political freedom, however grim that is in itself; it is also the disintegration of the prosperity and safety that critically depend on liberty. The opposite of the corridor of liberty is the road to ruin….(More)”.

Why data from companies should be a common good

Curated on October 2, 2019 by Stefaan Verhulst

Paula Forteza at apolitical: “Better planning of public transport, protecting fish from intensive fishing, and reducing the number of people killed in car accidents: for these and many other public policies, data is essential.

Data applications are diverse, and their origins are equally numerous. But data is not exclusively owned by the public sector. Data can be produced by private actors such as mobile phone operators, as part of marine traffic or by inter-connected cars to give just a few examples.

The awareness around the potential of private data is increasing, as the proliferation of data partnerships between companies, governments, local authorities show. However, these partnerships represent only a very small fraction of what could be done.

The opening of public data, meaning that public data is made freely available to everyone, has been conducted on a wide scale in the last 10 years, pioneered by the US and UK, soon followed by France and many other countries. In 2015, France took a first step, as the government introduced the Digital Republic Bill which made data open by default and introduced the concept of public interest data. Due to a broad definition and low enforcement, the opening of private sector data is, nevertheless, still lagging behind.

The main arguments for opening private data are that it will allow better public decision-making and it could trigger a new way to regulate Big Tech. There is, indeed, a strong economic case for data sharing, because data is a non-rival good: the value of data does not diminish when shared. On the contrary, new uses can be designed and data can be enriched by aggregation, which could improve innovation for start-ups….

Why Europe needs a private data act

Data hardly knows any boundaries.

Some states are opening like France did in 2015 by creating a framework for “public interest data,” but the absence of a common international legal framework for private data sharing is a major obstacle to its development. To scale up, a European Private Data Act is needed.

This framework must acknowledge the legitimate interest of the private companies that collect and control data. Data can be their main source of income or one they are wishing to develop, and this must be respected. Trade secrecy has to be protected too: data sharing is not open data.

Data can be shared to a limited and identified number of partners and it does not always have to be free. Yet private interest must be aligned with the public good. The European Convention on Human Rights and the European Charter of Fundamental Rights acknowledge that some legitimate and proportional limitations can be set to the freedom of enterprise, which gives everyone the right to pursue their own profitable business.

The “Private Data Act” should contain several fundamental data sharing principles in line with those proposed by the European Commission in 2018: proportionality, “do no harm”, full respect of the GDPR, etc. It should also include guidelines on which data to share, how to appreciate the public interest, and in which cases data should be opened for free or how the pricing should be set.

Two methods can be considered:

Defining high-value datasets, as it has been done for public data in the recent Open Data Directive, in areas like mobile communications, banking, transports, etc. This method is strong but is not flexible enough.
Alternatively, governments might define certain “public interest projects”. In doing so, governments could get access to specific data that is seen as a prerequisite to achieve the project. For example, understanding why there is a increasing mortality among bees, requires various data sources: concrete data on bee mortality from the beekeepers, crops and the use of pesticides from the farmers, weather data, etc. This method is more flexible and warrants that only the data needed for the project is shared.

Going ahead on open data and data sharing should be a priority for the upcoming European Commission and Parliament. Margrethe Vestager has been renewed as Competition Commissioner and Vice-President of the Commission and she already mentioned the opportunity to define access to data for newcomers in the digital market.

Public interest data is a new topic on the EU agenda and will probably become crucial in the near future….(More)”.

Andrew Yang proposes that your digital data be considered personal property

Curated on October 1, 2019October 2, 2019 by Stefaan Verhulst

Michael Grothaus at Fast Company: “2020 Democratic presidential candidate Andrew Yang may not be at the top of the race when it comes to polling (Politico currently has him ranked as the 7th most-popular Democratic contender), but his policies, including support for universal basic income, have made him popular among a subset of young, liberal-leaning, tech-savvy voters. Yang’s latest proposal, too, is sure to strike a chord with them.

The presidential candidate published his latest policy proposal today: to treat data as a property right. Announcing the proposal on his website, Yang lamented how our data is collected, used, and abused by companies, often with little awareness or consent from us. “This needs to stop,” Yang says. “Data generated by each individual needs to be owned by them, with certain rights conveyed that will allow them to know how it’s used and protect it.”

The rights Yang is proposing:

The right to be informed as to what data will be collected, and how it will be used
The right to opt out of data collection or sharing
The right to be told if a website has data on you, and what that data is
The right to be forgotten; to have all data related to you deleted upon request
The right to be informed if ownership of your data changes hands
The right to be informed of any data breaches including your information in a timely manner
The right to download all data in a standardized format to port to another platform…(More)”.

Bottom-up data Trusts: disturbing the ‘one size fits all’ approach to data governance

Curated on October 1, 2019October 2, 2019 by Stefaan Verhulst

Sylvie Delacroix and Neil D Lawrence at International Data Privacy Law: “From the friends we make to the foods we like, via our shopping and sleeping habits, most aspects of our quotidian lives can now be turned into machine-readable data points. For those able to turn these data points into models predicting what we will do next, this data can be a source of wealth. For those keen to replace biased, fickle human decisions, this data—sometimes misleadingly—offers the promise of automated, increased accuracy. For those intent on modifying our behaviour, this data can help build a puppeteer’s strings. As we move from one way of framing data governance challenges to another, salient answers change accordingly. Just like the wealth redistribution way of framing those challenges tends to be met with a property-based, ‘it’s our data’ answer, when one frames the problem in terms of manipulation potential, dignity-based, human rights answers rightly prevail (via fairness and transparency-based answers to contestability concerns). Positive data-sharing aspirations tend to be raised within altogether different conversations from those aimed at addressing the above concerns. Our data Trusts proposal challenges these boundaries.

This article proceeds from an analysis of the very particular type of vulnerability concomitant with our ‘leaking’ data on a daily basis, to show that data ownership is both unlikely and inadequate as an answer to the problems at stake. We also argue that the current construction of top-down regulatory constraints on contractual freedom is both necessary and insufficient. To address the particular type of vulnerability at stake, bottom-up empowerment structures are needed. The latter aim to ‘give a voice’ to data subjects whose choices when it comes to data governance are often reduced to binary, ill-informed consent. While the rights granted by instruments like the GDPR can be used as tools in a bid to shape possible data-reliant futures—such as better use of natural resources, medical care, etc, their exercise is both demanding and unlikely to be as impactful when leveraged individually. As a bottom-up governance structure that is uniquely capable of taking into account the vulnerabilities outlined in the first section, we highlight the constructive potential inherent in data Trusts. This potential crosses the traditional boundaries between individualist protection concerns on one hand and collective empowerment aspirations on the other.

The second section explains how the Trust structure allows data subjects to choose to pool the rights they have over their personal data within the legal framework of a data Trust. It is important that there be a variety of data Trusts, arising out of a mix of publicly and privately funded initiatives. Each Trust will encapsulate a particular set of aspirations, reflected in the terms of the Trust. Bound by a fiduciary obligation of undivided loyalty, data trustees will exercise the data rights held under the Trust according to its particular terms. In contrast to a recently commissioned report,¹ we explain why data can indeed be held in a Trust, and why the extent to which certain kinds of data may be said to give rise to property rights is neither here nor there as far as our proposal is concerned. What matters, instead, is the extent to which regulatory instruments such as the GDPR confer rights, and for what kind of data. The breadth of those rights will determine the possible scope of data Trusts in various jurisdictions.

Our ‘Case Studies’ aim to illustrate the complementarity of our data Trusts proposal with the legal provisions pertaining to different kinds of personal data, from medical, genetic, financial, and loyalty card data to social media feeds. The final section critically considers a variety of implementation challenges, which range from Trust Law’s cross-jurisdictional aspects to uptake and exit procedures, including issues related to data of shared provenance. We conclude by highlighting the way in which an ecosystem of data Trusts addresses ethical, legal, and political needs that are complementary to those within the reach of regulatory interventions such as the GDPR….(More)”.

Restricting data’s use: A spectrum of concerns in need of flexible approaches

Curated on October 1, 2019October 1, 2019 by Stefaan Verhulst

Dharma Akmon and Susan Jekielek at IASSIST Quaterly: “As researchers consider making their data available to others, they are concerned with the responsible use of data. As a result, they often seek to place restrictions on secondary use. The Research Connections archive at ICPSR makes available the datasets of dozens of studies related to childcare and early education. Of the 103 studies archived to date, 20 have some restrictions on access. While ICPSR’s data access systems were designed primarily to accommodate public use data (i.e. data without disclosure concerns) and potentially disclosive data, our interactions with depositors reveal a more nuanced notion range of needs for restricting use. Some data present a relatively low risk of threatening participants’ confidentiality, yet the data producers still want to monitor who is accessing the data and how they plan to use them. Other studies contain data with such a high risk of disclosure that their use must be restricted to a virtual data enclave. Still other studies rest on agreements with participants that require continuing oversight of secondary use by data producers, funders, and participants. This paper describes data producers’ range of needs to restrict data access and discusses how systems can better accommodate these needs….(More)”.

Tracking the Labor Market with “Big Data”

Curated on October 1, 2019October 1, 2019 by Stefaan Verhulst

Tomaz Cajner, Leland Crane, Ryan Decker, Adrian Hamins-Puertolas, and Christopher Kurz at FEDSNotes: “Payroll employment growth is one of the most reliable business cycle indicators. Each postwar recession in the United States has been characterized by a year-on-year drop in payroll employment as measured by the BLS Current Employment Statistics (CES) survey, and, outside of these recessionary declines, the year-on-year payroll employment growth has always been positive. Thus, it is not surprising that policymakers, financial markets, and the general public pay a great deal of attention to the CES payroll employment gains reported at the beginning of each month.

However, while the CES survey is one of the most carefully conducted measures of labor market activity and uses an extremely large sample, it is still subject to significant sampling error and nonsampling errors. For example, when the BLS first reported that private nonfarm payroll gains were 148,000 in July 2019, the associated 90 percent confidence interval was +/- 100,000 due to sampling error alone….

One such source of alternative labor market data is the payroll-processing company ADP, which covers 20 percent of the private workforce. These are the data that underlie ADP’s monthly National Employment Report (NER), which forecasts BLS payroll employment changes by using a combination of ADP-derived data and other publicly available data. In our research, we explore the information content of the ADP microdata alone by producing an estimate of employment changes independent from the BLS payroll series as well as from other data sources.

A potential concern when using the ADP data is that only the firms which hire ADP to manage their payrolls will appear in the data, and this may introduce sample selection issues….(More)”

Citizens’ voices for better health and social policies

Curated on October 1, 2019October 1, 2019 by Stefaan Verhulst

Olivia Biermann et al at PLOS Blog Speaking of Medicine: “Citizen engagement is important to make health and social policies more inclusive and equitable, and to contribute to learning and responsive health and social systems. It is also valuable in understanding the complexities of the social structure and how to adequately respond to them with policies. By engaging citizens, we ensure that their tacit knowledge feeds into the policy-making process. What citizens know can be valuable in identifying feasible policy options, understanding contextual factors, and putting policies into practice. In addition, the benefit of citizen engagement extends much beyond improving health policy-making processes by making them more participatory and inclusive; being engaged in policy-making processes can build patients’ capacity and empower them to speak up for their own and their families’ health and social needs, and to hold policy-makers accountable. Moreover, apart from being involved in their own care, citizen-patients can contribute to quality improvement, research and education.

Most studies on citizen engagement to date originate from high-income countries. The engagement methods used are not necessarily applicable in low- and middle-income countries, and even the political support, the culture of engagement and established citizen engagement processes might be different. Still, published processes of engaging citizens can be helpful in identifying key components across different settings, e.g. in terms of levels of engagement, communication channels and methods of recruitment. Contextualizing the modes of engagement between and within countries is a must.

Examples of citizen engagement

There are many examples of ad hoc citizen engagement initiatives at local, national and international levels. Participedia, a repository of public participation initiatives around the globe, showcases that the field of citizen engagement is extremely vibrant. In the United Kingdom, the Citizens’ Council of the National Institute for Health and Clinical Excellence (NICE) provides NICE with a public perspective on overarching moral and ethical issues that NICE has to take into account when producing guidance. In the United States of America, the National Issues Forum supports the implementation of deliberative forums on pressing national policy issues. Yet, there are few examples that have long-standing programs of engagement and that engage citizens in evidence-informed policymaking.

A pioneer in engaging citizens in health policy-making processes is the McMaster Health Forum in Hamilton, Canada. The citizens who are invited to engage in a “citizen panel” first receive a pre-circulated, plain-language briefing document to spark deliberation about a pressing health and social-system issue. During the panels, citizens then discuss the problem and its causes, options to address it and implementation considerations. The values that they believe should underpin action to address the issue are captured in a panel summary which is used to inform a policy dialogue on the same topic, also organized by the McMaster Health Forum….(More)”.

Open Cities | Open Data: Collaborative Cities in the Information Era

Curated on October 1, 2019October 1, 2019 by Stefaan Verhulst

Book edited by Scott Hawken, Hoon Han and Chris Pettit: “Today the world’s largest economies and corporations trade in data and its products to generate value in new disruptive markets. Within these markets vast streams of data are often inaccessible or untapped and controlled by powerful monopolies. Counter to this exclusive use of data is a promising world-wide “open-data” movement, promoting freely accessible information to share, reuse and redistribute. The provision and application of open data has enormous potential to transform exclusive, technocratic “smart cities” into inclusive and responsive “open-cities”.

This book argues that those who contribute urban data should benefit from its production. Like the city itself, the information landscape is a public asset produced through collective effort, attention, and resources. People produce data through their engagement with the city, creating digital footprints through social medial, mobility applications, and city sensors. By opening up data there is potential to generate greater value by supporting unforeseen collaborations, spontaneous urban innovations and solutions, and improved decision-making insights. Yet achieving more open cities is made challenging by conflicting desires for urban anonymity, sociability, privacy and transparency. This book engages with these issues through a variety of critical perspectives, and presents strategies, tools and case studies that enable this transformation….(More)”.

We Need a PBS for Social Media

Curated on October 1, 2019October 1, 2019 by Stefaan Verhulst

Mark Coatney at the New York Times: “Social media is an opportunity wrapped in a problem. YouTube spreads propaganda and is toxic to children. Twitter spreads propaganda and is toxic to racial relations. Facebook spreads propaganda and is toxic to democracy itself.

Such problems aren’t surprising when you consider that all these companies operate on the same basic model: Create a product that maximizes the attention you can command from a person, collect as much data as you can about that person, and sell it.

Proposed solutions like breaking up companies and imposing regulation have been met with resistance: The platforms, understandably, worry that their profits might be reduced from staggering to merely amazing. And this may not be the best course of action anyway.

What if the problem is something that can’t be solved by existing for-profit media platforms? Maybe the answer to fixing social media isn’t trying to change companies with business models built around products that hijack our attention, and instead work to create a less toxic alternative.

Nonprofit public media is part of the answer. More than 50 years ago, President Lyndon Johnson signed the Public Broadcasting Act, committing federal funds to create public television and radio that would “be responsive to the interests of people.”

It isn’t a big leap to expand “public media” to include not just television and radio but also social media. In 2019, the definition of “media” is considerably larger than it was in 1967. Commentary on Twitter, memes on Instagram and performances on TikTok are all as much a part of the media landscape today as newspapers and television news.

Public media came out of a recognition that the broadcasting spectrum is a finite resource. TV broadcasters given licenses to use the spectrum were expected to provide programming like news and educational shows in return. But that was not enough. To make sure that some of that finite resource would always be used in the public interest, Congress established public media.

Today, the limited resource isn’t the spectrum — it’s our attention….(More)”.