NGOs embrace GDPR, but will it be used against them?

Curated on Posted on by Stefaan Verhulst

Report by Vera Franz et al: “When the world’s most comprehensive digital privacy law – the EU General Data Protection Regulation (GDPR) – took effect in May 2018, media and tech experts focused much of their attention on how corporations, who hold massive amounts of data, would be affected by the law.

This focus was understandable, but it left some important questions under-examined–specifically about non-profit organizations that operate in the public’s interest. How would non-governmental organizations (NGOs) be impacted? What does GDPR compliance mean in very practical terms for NGOs? What are the challenges they are facing? Could the GDPR be ‘weaponized’ against NGOs and if so, how? What good compliance practices can be shared among non-profits?

Ben Hayes and Lucy Hannah from Data Protection Support & Management and I have examined these questions in detail and released our findings in this report.

Our key takeaway: GDPR compliance is an integral part of organisational resilience, and it requires resources and attention from NGO leaders, foundations and regulators to defend their organisations against attempts by governments and corporations to misuse the GDPR against them.

In a political climate where human rights and social justice groups are under increasing pressure, GDPR compliance needs to be given the attention it deserves by NGO leaders and funders. Lack of compliance will attract enforcement action by data protection regulators and create opportunities for retaliation by civil society adversaries.

At the same time, since the law came into force, we recognise that some NGOs have over-complied with the law, possibly diverting scarce resources and hampering operations.

For example, during our research, we discovered a small NGO that undertook an advanced and resource-intensive compliance process (a Data Protection Impact Assessment or DPIA) for all processing operations. DPIAs are only required for large-scale and high-risk processing of personal data. Yet this NGO, which holds very limited personal data and undertakes no marketing or outreach activities, engaged in this complex and time-consuming assessment because the organization was under enormous pressure from their government. They told us they “wanted to do everything possible to avoid attracting attention.”…

Our research also found that private companies, individuals and governments who oppose the work of an organisation have used GDPR to try to keep NGOs from publishing their work. To date, NGOs have successfully fought against this misuse of the law….(More)“.

The Rise and Fall of Good-Governance Promotion

Curated on Posted on by Stefaan Verhulst

Alina Mungiu-Pippidi at the Journal of Democracy: “With the 2003 adoption of the UN Convention Against Corruption, good-governance norms have achieved—on the formal level at least—a degree of recognition that can fairly be called universal. This reflects a centuries-long struggle to establish the moral principle of “ethical universalism,” which brings together the ideas of equity, reciprocity, and impartiality. The West’s success in promoting this norm has been extraordinary, yet there are also significant risks. Despite expectations that international concern and increased regulation would lead to less corruption, current trends suggest otherwise. Exchanges between countries perceived as corrupt and countries perceived as noncorrupt seem to lead to an increase in corruption in the noncorrupt states rather than its decrease in the corrupt ones. Direct good-governance interventions have had poor results. And anticorruption has helped populist politicians, who use anti-elite rhetoric similar to that of anticorruption campaigners….(More)”.

The many perks of using critical consumer user data for social benefit

Curated on Posted on by Stefaan Verhulst

Sushant Kumar at LiveMint: “Business models that thrive on user data have created profitable global technology companies. For comparison, market capitalization of just three tech companies, Google (Alphabet), Facebook and Amazon, combined is higher than the total market capitalization of all listed firms in India. Almost 98% of Facebook’s revenue and 84% of Alphabet’s come from serving targeted advertising powered by data collected from the users. No doubt, these tech companies provide valuable services to consumers. It is also true that profits are concentrated with private corporations and societal value for contributors of data, that is, the user, can be much more significant….

In the existing economic construct, private firms are able to deploy top scientists and sophisticated analytical tools to collect data, derive value and monetize the insights.

Imagine if personalization at this scale was available for more meaningful outcomes, such as for administering personalized treatment for diabetes, recommending crop patterns, optimizing water management and providing access to credit to the unbanked. These socially beneficial applications of data can generate undisputedly massive value.

However, handling critical data with accountability to prevent misuse is a complex and expensive task. What’s more, private sector players do not have any incentives to share the data they collect. These challenges can be resolved by setting up specialized entities that can manage data—collect, analyse, provide insights, manage consent and access rights. These entities would function as a trusted intermediary with public purpose, and may be named “data stewards”….(More)”.

See also: http://datastewards.net/ and https://datacollaboratives.org/

An Algorithm That Grants Freedom, or Takes It Away

Curated on Posted on by Stefaan Verhulst

Cade Metz and Adam Satariano at The New York Times: “…In Philadelphia, an algorithm created by a professor at the University of Pennsylvania has helped dictate the experience of probationers for at least five years.

The algorithm is one of many making decisions about people’s lives in the United States and Europe. Local authorities use so-called predictive algorithms to set police patrols, prison sentences and probation rules. In the Netherlands, an algorithm flagged welfare fraud risks. A British city rates which teenagers are most likely to become criminals.

Nearly every state in America has turned to this new sort of governance algorithm, according to the Electronic Privacy Information Center, a nonprofit dedicated to digital rights. Algorithm Watch, a watchdog in Berlin, has identified similar programs in at least 16 European countries.

As the practice spreads into new places and new parts of government, United Nations investigators, civil rights lawyers, labor unions and community organizers have been pushing back.

They are angered by a growing dependence on automated systems that are taking humans and transparency out of the process. It is often not clear how the systems are making their decisions. Is gender a factor? Age? ZIP code? It’s hard to say, since many states and countries have few rules requiring that algorithm-makers disclose their formulas.

They also worry that the biases — involving race, class and geography — of the people who create the algorithms are being baked into these systems, as ProPublica has reported. In San Jose, Calif., where an algorithm is used during arraignment hearings, an organization called Silicon Valley De-Bug interviews the family of each defendant, takes this personal information to each hearing and shares it with defenders as a kind of counterbalance to algorithms.

Two community organizers, the Media Mobilizing Project in Philadelphia and MediaJustice in Oakland, Calif., recently compiled a nationwide database of prediction algorithms. And Community Justice Exchange, a national organization that supports community organizers, is distributing a 50-page guide that advises organizers on how to confront the use of algorithms.

The algorithms are supposed to reduce the burden on understaffed agencies, cut government costs and — ideally — remove human bias. Opponents say governments haven’t shown much interest in learning what it means to take humans out of the decision making. A recent United Nations report warned that governments risked “stumbling zombie-like into a digital-welfare dystopia.”…(More)”.

Digital democracy: Is the future of civic engagement online?

Curated on Posted on by Stefaan Verhulst

Paper by Gianluca Sgueo: “Digital innovation is radically transforming democratic decision-making. Public administrations are experimenting with mobile applications(apps) to provide citizens with real-time information, using online platforms to crowdsource ideas, and testing algorithms to engage communities in day today administration. The key question is what technology breakthrough means for governance systems created long before digital disruption. On the one hand, policy-makers are hoping that technology can be used to legitimise the public sector, re-engage citizens in politics and combat civic apathy. Scholars, on the other hand, point out that, if the digitalisation of democracy is left unquestioned, the danger is that the building blocks of democracy itself will be eroded.

This briefing examines three key global trends that are driving the on-going digitalisation of democratic decision-making. First are demographic patterns. These highlight growing global inequalities. Ten years from now, in the West the differentials of power among social groups will be on the rise, whereas in Eastern countries democratic freedoms will be at risk of further decline.

Second, a more urbanised global population will make cities ideal settings for innovative approaches to democratic decision-making. Current instances of digital democracy being used at local level include blockchain technology for voting and online crowdsourcing platforms.

Third, technological advancements will cut the costs of civic mobilisation and pose new challenges for democratic systems. Going forward, democratic decision-makers will be required to bridge digital literacy gaps, secure public structures from hacking, and to protect citizens’ privacy….(More)”.

Transparent Lobbying and Democracy

Curated on Posted on by Stefaan Verhulst

Book by Šárka Laboutková, Vít Šimral and Petr Vymětal: “This book deals with the current, as yet unsolved, problem of transparency of lobbying. In the current theories and prevalent models that deal with lobbying activities, there is no reflection of the degree of transparency of lobbying, mainly due to the unclear distinction between corruption, lobbying in general, and transparent lobbying. This book provides a perspective on transparency in lobbying in a comprehensive and structured manner. It delivers an interdisciplinary approach to the topic and creates a methodology for assessing the transparency of lobbying, its role in the democratization process and a methodology for evaluating the main consequences of transparency. The new approach is applied to assess lobbying regulations in the countries of Central Eastern Europe and shows a method for how lobbying in other regions of the world may also be assessed….(More)”.

If China valued free speech, there would be no coronavirus crisis

Curated on Posted on by Stefaan Verhulst

Verna Yu in The Guardian: “…Despite the flourishing of social media, information is more tightly controlled in China than ever. In 2013, an internal Communist party edict known as Document No 9 ordered cadres to tackle seven supposedly subversive influences on society. These included western-inspired notions of press freedom, “universal values” of human rights, civil rights and civic participation. Even within the Communist party, cadres are threatened with disciplinary action for expressing opinions that differ from the leadership.

Compared with 17 years ago, Chinese citizens enjoy even fewer rights of speech and expression. A few days after 34-year-old Li posted a note in his medical school alumni social media group on 30 December, stating that seven workers from a local live-animal market had been diagnosed with an illness similar to Sars and were quarantined in his hospital, he was summoned by police. He was made to sign a humiliating statement saying he understood if he “stayed stubborn and failed to repent and continue illegal activities, (he) will be disciplined by the law”….

Unless Chinese citizens’ freedom of speech and other basic rights are respected, such crises will only happen again. With a more globalised world, the magnitude may become even greater – the death toll from the coronavirus outbreak is already comparable to the total Sars death toll.

Human rights in China may appear to have little to do with the rest of the world but as we have seen in this crisis, disaster could occur when China thwarts the freedoms of its citizens. Surely it is time the international community takes this issue more seriously….(More)”.

Re-thinking Public Innovation, Beyond Innovation in Government

Curated on Posted on by Stefaan Verhulst

Jocelyne Bourgon at Dubai Policy Review: “The situation faced by public servants and public sector leaders today may not be more challenging in absolute terms than in previous generations, but it is certainly different. The problems societies face today stem from a world characterised by increasing complexity, hyper-connectivity and a high level of uncertainty. In this context, the public sector’s role in developing innovative solutions is critical. Despite the need for public innovation, public servants (when asked to discuss the challenges they face in New Synthesis1 labs and workshops) tend to present a narrow perspective, rarely going beyond the boundary of their respective units. While recent public sector reforms have encouraged a drive for efficiency and productivity, they have also generated a narrow and sometimes distorted view of the scale of the role of government in society. Ideas and principles matter. The way one thinks has a direct impact on the solutions that will be found and the results that will be achieved. Innovation in government has received much attention over the years. For the most part, the focus has been introspective, giving special attention to the modernisation of public sector systems and practices as well as the service delivery functions of government. The focus of attention in these conversations is on innovation in government and as a result may have missed the most important contributions of government to public innovation….

I define public innovation as “innovative solutions serving a public purpose that require the use of public means”9. What distinguishes public innovation from social innovation is the intimate link to government actions and the use of instruments of the State10. From this perspective, far from being risk averse, the State is the ultimate risk taker in society. Government takes risks on a scale that no other sector or agent in society could take on and intervenes in areas where the forces of the market or the capacity of civil society would be unable to go. This broader perspective reveals some of the distinctive characteristics of public innovation….(More)”

Global Standard Setting in Internet Governance

Curated on Posted on by Stefaan Verhulst

Book by Alison Harcourt, George Christou, and Seamus Simpson: “The book addresses representation of the public interest in Internet standard developing organisations (SDOs). Much of the existing literature on Internet governance focuses on international organisations such as the United Nations (UN), the Internet Governance Forum (IGF) and the Internet Corporation for Assigned Names and Numbers (ICANN). The literature covering standard developing organisations has to date focused on organisational aspects. This book breaks new ground with investigation of standard development within SDO fora. Case studies centre on standards relating to privacy and security, mobile communications, Intellectual Property Rights (IPR) and copyright. The book lifts the lid on internet standard setting with detailed insight into a world which, although highly technical, very much affects the way in which citizens live and work on a daily basis. In doing this it adds significantly to the trajectory of research on Internet standards and SDOs that explore the relationship between politics and protocols.

The analysis contributes to academic debates on democracy and the internet, global self-regulation and civil society, and international decision-making processes in unstructured environments. The book advances work on the Multiple Streams Framework (MS) by applying it to decision-making in non-state environments, namely SDOs which have long been dominated by private actors. ….(More)”

Re-imagining “Action Research” as a Tool for Social Innovation and Public Entrepreneurship

Curated on Posted on by Stefaan Verhulst

Stefaan G. Verhulst at The GovLab: “We live in challenging times. From climate change to economic inequality and forced migration, the difficulties confronting decision-makers are unprecedented in their variety, as well as in their complexity and urgency. Our standard policy toolkit seems stale and ineffective while existing governance institutions are increasingly outdated and distrusted.

To tackle today’s challenges, we need not only new solutions but new ways of arriving at solutions. In particular, we need fresh research methodologies that can provide actionable insights on 21st century conditions. Such methodologies would allow us to redesign how decisions are made, how public services are offered, and how complex problems are solved around the world. 

Rethinking research is a vast project, with multiple components. This new essay focuses on one particular area of research: action research. In the essay, I first explain what we mean by action research, and also explore some of its potential. I subsequently argue that, despite that potential, action research is often limited as a method because it remains embedded in past methodologies; I attempt to update both its theory and practice for the 21st century.

Although this article represents only a beginning, my broader goal is to re-imagine the role of action research for social innovation, and to develop an agenda that could provide for what Amar Bhide calls “practical knowledge” at all levels of decision making in a systematic, sustainable, and responsible manner.  (Full Essay Here).”