Paper by Leon Trakman, Robert Walters, and Bruno Zeller: “A pressing concern today is whether the rationale underlying the protection of personal data is itself a meaningful foundation for according intellectual property (IP) rights in personal data to data subjects. In particular, are there particular technological attributes about the collection, use and processing of personal data on the Internet, and global access to that data, that provide a strong justification to extend IP rights to data subjects? A central issue in so determining is whether data subjects need the protection of such rights in a technological revolution in which they are increasingly exposed to the use and abuse of their personal data. A further question is how IP law can provide them with the requisite protection of their private space, or whether other means of protecting personal data, such as through general contract rights, render IP protections redundant, or at least, less necessary. This paper maintains that lawmakers often fail to distinguish between general property and IP protection of personal data; that IP protection encompasses important attributes of both property and contract law; and that laws that implement IP protection in light of its sui generis attributes are more fitting means of protecting personal data than the alternatives. The paper demonstrates that one of the benefits of providing IP rights in personal data goes some way to strengthening data subjects’ control and protection over their personal data and strengthening data protection law more generally. It also argues for greater harmonization of IP law across jurisdictions to ensure that the protection of personal data becomes more coherent and internationally sustainable….(More)”.
Raw data won’t solve our problems — asking the right questions will
Stefaan G. Verhulst in apolitical: “If I had only one hour to save the world, I would spend fifty-five minutes defining the questions, and only five minutes finding the answers,” is a famous aphorism attributed to Albert Einstein.
Behind this quote is an important insight about human nature: Too often, we leap to answers without first pausing to examine our questions. We tout solutions without considering whether we are addressing real or relevant challenges or priorities. We advocate fixes for problems, or for aspects of society, that may not be broken at all.
This misordering of priorities is especially acute — and represents a missed opportunity — in our era of big data. Today’s data has enormous potential to solve important public challenges.
However, policymakers often fail to invest in defining the questions that matter, focusing mainly on the supply side of the data equation (“What data do we have or must have access to?”) rather than the demand side (“What is the core question and what data do we really need to answer it?” or “What data can or should we actually use to solve those problems that matter?”).
As such, data initiatives often provide marginal insights while at the same time generating unnecessary privacy risks by accessing and exploring data that may not in fact be needed at all in order to address the root of our most important societal problems.
A new science of questions
So what are the truly vexing questions that deserve attention and investment today? Toward what end should we strategically seek to leverage data and AI?
The truth is that policymakers and other stakeholders currently don’t have a good way of defining questions or identifying priorities, nor a clear framework to help us leverage the potential of data and data science toward the public good.
This is a situation we seek to remedy at The GovLab, an action research center based at New York University.
Our most recent project, the 100 Questions Initiative, seeks to begin developing a new science and practice of questions — one that identifies the most urgent questions in a participatory manner. Launched last month, the goal of this project is to develop a process that takes advantage of distributed and diverse expertise on a range of given topics or domains so as to identify and prioritize those questions that are high impact, novel and feasible.
Because we live in an age of data and much of our work focuses on the promises and perils of data, we seek to identify the 100 most pressing problems confronting the world that could be addressed by greater use of existing, often inaccessible, datasets through data collaboratives – new forms of cross-disciplinary collaboration beyond public-private partnerships focused on leveraging data for good….(More)”.
Could footnotes be the key to winning the disinformation wars?
Karin Wulf at the Washington Post: “We are at a distinctive point in the relationship between information and democracy: As the volume of information dissemination has grown, so too have attempts by individuals and groups to weaponize disinformation for commercial and political purposes. This has contributed to fragmentation, political polarization, cynicism, and distrust in institutions and expertise, as a recent Pew Research Center report found. So what is the solution?
Footnotes.
Outside of academics and lawyers, few people may think about footnotes once they leave school. Indeed, there is a hackneyed caricature about footnotes as pedantry, the purview of tweedy scholars blinking as we emerge from fluorescent-lit libraries into the sun — not the concern of regular folks. A recent essay in the Economist even laid some of Britain’s recent woes at the feet of historians who spend too much time “fiddling with footnotes.”
But nothing could be further from the truth. More than ever, we need what this tool provides: accountability and transparency. “Fiddling with footnotes” is the kind of hygienic practice that our era of information pollution needs — and needs to be shared as widely as possible. Footnotes are for everyone.
Though they began as an elite practice, footnotes became aligned historically with modern democracy itself. Citation is rooted in the 17th-century emergence of enlightenment science, which asked for evidence rather than faith as key to supporting a conclusion. It was an era when scientific empiricism threatened the authority of government and religious institutions and newly developing institutional science publications, the Philosophical Transactions of the Royal Society, for example, began to use citations for evidence and reference. In one of Isaac Newton’s contributions to the journal in 1673, a reply to queries about his work on light and the color spectrum, he used citations to his initial publication on the subject (“see no. 80. Page 3075”).
By the 18th century, and with more agile printing, the majority of scientific publications included citations, and the bottom of the page was emerging as the preferred placement. Where scientific scholarship traveled, humanists were not far behind. The disdain of French philosopher and mathematician René Descartes for any discipline without rigorous methods was part of the prompt for historians to embrace citations….(More)”.
Misinformation Has Created a New World Disorder
Claire Wardle at Scientific American: “…Online misinformation has been around since the mid-1990s. But in 2016 several events made it broadly clear that darker forces had emerged: automation, microtargeting and coordination were fueling information campaigns designed to manipulate public opinion at scale. Journalists in the Philippines started raising flags as Rodrigo Duterte rose to power, buoyed by intensive Facebook activity. This was followed by unexpected results in the Brexit referendum in June and then the U.S. presidential election in November—all of which sparked researchers to systematically investigate the ways in which information was being used as a weapon.
During the past three years the discussion around the causes of our polluted information ecosystem has focused almost entirely on actions taken (or not taken) by the technology companies. But this fixation is too simplistic. A complex web of societal shifts is making people more susceptible to misinformation and conspiracy. Trust in institutions is falling because of political and economic upheaval, most notably through ever widening income inequality. The effects of climate change are becoming more pronounced. Global migration trends spark concern that communities will change irrevocably. The rise of automation makes people fear for their jobs and their privacy.
Bad actors who want to deepen existing tensions understand these societal trends, designing content that they hope will so anger or excite targeted users that the audience will become the messenger. The goal is that users will use their own social capital to reinforce and give credibility to that original message.
Most of this content is designed not to persuade people in any particular direction but to cause confusion, to overwhelm and to undermine trust in democratic institutions from the electoral system to journalism. And although much is being made about preparing the U.S. electorate for the 2020 election, misleading and conspiratorial content did not begin with the 2016 presidential race, and it will not end after this one. As tools designed to manipulate and amplify content become cheaper and more accessible, it will be even easier to weaponize users as unwitting agents of disinformation….(More)”.
Fostering an Enabling Policy and Regulatory Environment in APEC for Data-Utilizing Businesses
APEC: “The objectives of this study is to better understand: 1) how firms from different sectors use data in their business models; and considering the significant increase in data-related policies and regulations enacted by governments across the world, 2) how such policies and regulations are affecting their use of data and hence business models. The study also tries: 3) to identify some of the middle-ground approaches that would enable governments to achieve public policy objectives, such as data security and privacy, and at the same time, also promote the growth of data-utilizing businesses. 39 firms from 12 economies have participated in this project and they come from a diverse group of industries, including aviation, logistics, shipping, payment services, encryption services, and manufacturing. The synthesis report can be found in Chapter 1 while the case study chapters can be found in Chapter 2 to 10….(More)”.
Governance sinkholes
Blog post by Geoff Mulgan: “Governance sinkholes appear when shifts in technology, society and the economy throw up the need for new arrangements. Each industrial revolution has created many governance sinkholes – and prompted furious innovation to fill them. The fourth industrial revolution will be no different. But most governments are too distracted to think about what to do to fill these holes, let alone to act. This blog sets out my diagnosis – and where I think the most work is needed to design new institutions….
It’s not too hard to get a map of the fissures and gaps – and to see where governance is needed but is missing. There are all too many of these now.
Here are a few examples. One is long-term care, currently missing adequate financing, regulation, information and navigation tools, despite its huge and growing significance. The obvious contrast is with acute healthcare, which, for all its problems, is rich in institutions and governance.
A second example is lifelong learning and training. Again, there is a striking absence of effective institutions to provide funding, navigation, policy and problem solving, and again, the contrast with the institution-rich fields of primary, secondary and tertiary education is striking. The position on welfare is not so different, as is the absence of institutions fit for purpose in supporting people in precarious work.
I’m particularly interested in another kind of sinkhole: the absence of the right institutions to handle data and knowledge – at global, national and local levels – now that these dominate the economy, and much of daily life. In field after field, there are huge potential benefits to linking data sets and connecting artificial and human intelligence to spot patterns or prevent problems. But we lack any institutions with either the skills or the authority to do this well, and in particular to think through the trade-offs between the potential benefits and the potential risks….(More)”.
Governing Complexity: Analyzing and Applying Polycentricity
Book edited by Andreas Thiel, William A. Blomquist, and Dustin E. Garrick: “There has been a rapid expansion of academic interest and publications on polycentricity. In the contemporary world, nearly all governance situations are polycentric, but people are not necessarily used to thinking this way. Governing Complexity provides an updated explanation of the concept of polycentric governance. The editors provide examples of it in contemporary settings involving complex natural resource systems, as well as a critical evaluation of the utility of the concept. With contributions from leading scholars in the field, this book makes the case that polycentric governance arrangements exist and it is possible for polycentric arrangements to perform well, persist for long periods, and adapt. Whether they actually function well, persist, or adapt depends on multiple factors that are reviewed and discussed, both theoretically and with examples from actual cases….(More)”.
Blockchain and the General Data Protection Regulation
Report by the European Directorate-General for Parliamentary Research Services (EPRS): “Blockchain is a much-discussed instrument that, according to some, promises to inaugurate a new era of data storage and code-execution, which could, in turn, stimulate new business models and markets. The precise impact of the technology is, of course, hard to anticipate with certainty, in particular as many remain sceptical of blockchain’s potential impact. In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchain and the European Union’s General Data Protection Regulation (GDPR). Indeed, many of the points of tension between blockchain and the GDPR are due to two overarching factors.
First, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one natural or legal person – the data controller – whom data subjects can address to enforce their rights under EU data protection law. These data controllers must comply with the GDPR’s obligations. Blockchains, however, are distributed databases that often seek to achieve decentralisation by replacing a unitary actor with many different players. The lack of consensus as to how (joint-)controllership ought to be defined hampers the allocation of responsibility and accountability.
Second, the GDPR is based on the assumption that data can be modified or erased where necessary to comply with legal requirements, such as Articles 16 and 17 GDPR. Blockchains, however, render the unilateral modification of data purposefully onerous in order to ensure data integrity and to increase trust in the network. Furthermore, blockchains underline the challenges of adhering to the requirements of data minimisation and purpose limitation in the current form of the data economy.
This study examines the European data protection framework and applies it to blockchain technologies so as to document these tensions. It also highlights the fact that blockchain may help further some of the GDPR’s objectives. Concrete policy options are developed on the basis of this analysis….(More)”
The Data Protection Officer Handbook
Handbook by Douwe Korff and Marie Georges: “This Handbook was prepared for and is used in the EU-funded “T4DATA” training‐of-trainers programme. Part I explains the history and development of European data protection law and provides an overview of European data protection instruments including the Council of Europe Convention and its “Modernisation” and the various EU data protection instruments relating to Justice and Home Affairs, the CFSP and the EU institutions, before focusing on the GDPR in Part II. The final part (Part III) consists of detailed practical advice on the various tasks of the Data Protection Officer now institutionalised by the GDPR. Although produced for the T4DATA programme that focusses on DPOs in the public sector, it is hoped that the Handbook will be useful also to anyone else interested in the application of the GDPR, including DPOs in the private sector….(More)”.
Guidance Note: Statistical Disclosure Control
Centre for Humanitarian Data: “Survey and needs assessment data, or what is known as ‘microdata’, is essential for providing adequate response to crisis-affected people. However, collecting this information does present risks. Even as great effort is taken to remove unique identifiers such as names and phone numbers from microdata so no individual persons or communities are exposed, combining key variables such as location or ethnicity can still allow for re-identification of individual respondents. Statistical Disclosure Control (SDC) is one method for reducing this risk.
The Centre has developed a Guidance Note on Statistical Disclosure Control that outlines the steps involved in the SDC process, potential applications for its use, case studies and key actions for humanitarian data practitioners to take when managing sensitive microdata. Along with an overview of what SDC is and what tools are available, the Guidance Note outlines how the Centre is using this process to mitigate risk for datasets shared on HDX. …(More)”.