Data Ownership: Exploring Implications for Data Privacy Rights and Data Valuation


Hearing by the Senate Committee on Banking, Housing and Urban Affairs:”…As a result of an increasingly digital economy, more personal information is available to companies than ever before.
Private companies are collecting, processing, analyzing and sharing considerable data on individuals for all kinds of purposes.

There have been many questions about what personal data is being collected, how it is being collected, with whom it is being shared and how it is being used, including in ways that affect individuals’ financial lives.

Given the vast amount of personal information flowing through the economy, individuals need real control over their personal data. This Committee has held a series of data privacy hearings exploring possible
frameworks for facilitating privacy rights to consumers. Nearly all have included references to data as a new currency or commodity.

The next question, then, is who owns it? There has been much debate about the concept of data ownership, the monetary value of personal information and its potential role in data privacy…..The witnesses will be: 

  1. Mr. Jeffrey Ritter Founding Chair, American Bar Association Committee on Cyberspace Law, External Lecturer
  2. Mr. Chad Marlow Senior Advocacy And Policy Counsel American Civil Liberties Union
  3. Mr. Will Rinehart Director Of Technology And Innovation Policy American Action Forum
  4. Ms. Michelle Dennedy Chief Executive Officer DrumWave Inc.

African countries are missing the data needed to drive development


David Pilling at the Financial Times: “When statisticians decided to track how well African countries were doing in moving towards their 2030 UN sustainable development goals, they discovered a curious thing: no one had the faintest idea. More accurately, on average, African governments keep statistics covering only about a third of the relevant data. To be fair, the goals, which range from eradicating poverty and hunger to creating sustainable cities and communities, are overly complicated and sometimes unquantifiable.

The millennium development goals that they superseded had eight goals with 21 indicators. The SDGs have 17, with 232 indicators. Yet statisticians for the Mo Ibrahim Foundation, which compiled the report, are on to something. African states don’t know enough about their people. 

In this age of mass surveillance, that might seem counterintuitive. Surely governments, not to mention private companies, have too much information on their citizenry? In fact, in many African nations with weak states, big informal economies and undocumented communities, the problem is the reverse. How many people are there in Nigeria? What is the unemployment rate in Zimbabwe? How many people in Kibera, a huge informal settlement in Nairobi, have access to healthcare? The answers to such basic questions are: we don’t really know.  Nigeria last conducted a census in 2006, when the population — a sensitive topic in which religion, regionalism and budget allocations are messily intertwined — came out at 140m. These days it could be 180m or 200m. Or perhaps more. Or less.

President Muhammadu Buhari recently complained that statistics quoted by international bodies, such as those alleging that Nigeria has more people living in absolute poverty than India, were “wild estimates” bearing “little relation to facts on the ground”. The riposte to that is simple. Work out what is happening and do something about it. Likewise, unemployment is hard to define, let alone quantify, in a broken economy such as Zimbabwe’s where cited jobless statistics range from 5 to 95 per cent. Is a struggling subsistence farmer or a street-side hawker jobless or gainfully employed?

For that matter what is the status of a government employee who receives her salary in a useless electronic currency?  According to Seth Berkley, chief executive of the Vaccine Alliance, keeping tabs on unregistered people in the sprawling “slums” of Africa’s increasingly massive megacities, is harder than working out what is going on in isolated villages. If governments do not know whether a person exists it is all too easy to ignore their rights — to healthcare, to education or to the vote. The Mo Ibrahim Foundation found that only eight countries in Africa register more than 90 per cent of births. Tens of millions of people are literally invisible. Mr Ibrahim, a Sudanese billionaire, calls data “the missing SDG”….(More)”

Rethinking Encryption


Jim Baker at Lawfare: “…Public safety officials should continue to highlight instances where they find that encryption hinders their ability to effectively and efficiently protect society so that the public and lawmakers understand the trade-offs they are allowing. To do this, the Justice Department should, for example, file an annual public report describing, as best it can, the continuing nature and scope of the going dark problem. If necessary, it can also file a classified annual report with the appropriate congressional committees.

But, for the reasons discussed above, public safety officials should also become among the strongest supporters of widely available strong encryption.

I know full well that this approach will be a bitter pill for some in law enforcement and other public safety fields to swallow, and many people will reject it outright. It may make some of my former colleagues angry at me. I expect that some will say that I’m simply joining others who have left the government and switched sides on encryption to curry favor with the tech sector in order to get a job. That is wrong. My dim views about cybersecurity risks, China and Huawei are essentially the same as those that I held while in government. I also think that my overall approach on encryption today—as well as my frustration with Congress—is generally consistent with the approach I had while I was in government.

I have long said—as I do here—that encryption poses real challenges for public safety officials; that any proposed technical solution must properly balance all of the competing equities; and that (absent an unlikely definitive judicial ruling as a result of litigation) Congress must change the law to resolve the issue. What has changed is my acceptance of, or perhaps resignation to, the fact that Congress is unlikely to act, as well as my assessment that the relevant cybersecurity risks to society have grown disproportionately over the years when compared with other risks….(More)”.

The Public-Data Opportunity: Why Governments Should Share More


Press Release: “The Lisbon Council launches The Public-Data Opportunity: Why Governments Should Share More, a new discussion paper that looks at the state of play for public-sector data sharing – and calls for better protocols and procedures to deliver data-driven service to all Europeans. The paper analyses the importance of data-sharing between European Union public agencies, identifies the barriers and proposes seven policy recommendations that will help lift them. It builds on the research conducted by the “Understanding Value Co-Creation in Public Services for Transforming European Public Administrations” project, or Co-VAL, a 12-partner research consortium, co-funded by the European Union. And was launched at The 2019 Digital Government Conference convened by the Presidency of the European Council of Finland in Helsinki….(More)”

New Zealand launches draft algorithm charter for government agencies


Mia Hunt at Global Government Forum: “The New Zealand government has launched a draft ‘algorithm charter’ that sets out how agencies should analyse data in a way that is fair, ethical and transparent.

The charter, which is open for public consultation, sets out 10 points that agencies would have to adhere to. These include pledging to explain how significant decisions are informed by algorithms or, where it cannot – for national security reasons, for example – explain the reason; taking into account the perspectives of communities, such as LGBTQI+, Pacific islanders and people with disabilities; and identifying and consulting with groups or stakeholders with an interest in algorithm development.

Agencies would also have to publish information about how data is collected and stored; use tools and processes to ensure that privacy, ethics, and human rights considerations are integrated as part of algorithm development and procurement; and periodically assess decisions made by algorithms for unintended bias.

They would commit to implementing a “robust” peer-review process, and have to explain clearly who is responsible for automated decisions and what methods exist for challenge or appeal “via a human”….

The charter – which fits on a single page, and is designed to be simple and easily understood – explains that algorithms are a “fundamental element” of data analytics, which supports public services and delivers “new, innovative and well-targeted” policies aims.

The charter begins: “In a world where technology is moving rapidly, and artificial intelligence is on the rise, it’s essential that government has the right safeguards in place when it uses public data for decision-making. The government must ensure that data ethics are embedded in its work, and always keep in mind the people and communities being served by these tools.”

It says Stats NZ, the country’s official data agency, is “committed to transparent and accountable use of operational algorithms and other advanced data analytics techniques that inform decisions significantly impacting on individuals or groups”….(More)”.

Breaking Down Information Silos with Big Data: A Legal Analysis of Data Sharing


Chapter by Giovanni De Gregorio and Sofia Ranchordas in J. Cannataci, V. Falce & O. Pollicino (Eds), New Legal Challenges of Big Data (Edward Elgar, 2020, Forthcoming): “In the digital society, individuals play different roles depending on the situation they are placed in: they are consumers when they purchase a good, citizens when they vote for elections, content providers when they post information on a platform, and data subjects when their data is collected. Public authorities have thus far regulated citizens and the data collected on their different roles in silos (e.g., bankruptcy registrations, social welfare databases), resulting in inconsistent decisions, redundant paperwork, and delays in processing citizen requests. Data silos are considered to be inefficient both for companies and governments. Big data and data analytics are disrupting these silos allowing the different roles of individuals and the respective data to converge. In practice, this happens in several countries with data sharing arrangements or ad hoc data requests. However, breaking down the existing structure of information silos in the public sector remains problematic. While big data disrupts artificial silos that may not make sense in the digital society and promotes a truly efficient digitalization of data, removing information out of its original context may alter its meaning and violate the privacy of citizens. In addition, silos ensure that citizens are not assessed in one field by information generated in a totally different context. This chapter discusses how big data and data analytics are changing information silos and how digital technology is challenging citizens’ autonomy and right to privacy and data protection. This chapter also explores the need for a more integrated approach to the study of information, particularly in the public sector.

The Next Step for Human-Centered Design in Global Public Health


Tracy Johnson, Jaspal S. Sandhu & Nikki Tyler at SSIR : “How do we select the right design partner?” “Where can I find evidence that design really works?” “Can design have any impact beyond products?” These are real questions that we’ve been asked by our public health colleagues who have been exposed to human-centered design. This deeper curiosity indicates a shift in the conversation around human-centered design, compared with common perceptions as recently as five years ago.

The past decade has seen a rapid increase in organizations that use human-centered design for innovation and improvement in health care. However, there have been challenges in determining how to best integrate design into current ways of working. Unfortunately, these challenges have been met with an all-or-nothing response.

In reality, anyone thinking of applying design concepts must first decide how deeply they want design to be integrated into a project. The DesignforHealth community—launched by the Bill & Melinda Gates Foundation and Center for Innovation and Impact at USAID—defines three types of design integration: spark, ingredient, or end-to-end.

As a spark, design can be the catalyst for teams to work creatively and unlock innovation.

Design can be an ingredient that helps improve an existing product. Using design end-to-end in the development process can address a complex concept such as social vulnerability.

As the field of design in health matures, the next phase will require support for “design consumers.” These are non-designers who take part in a design approach, whether as an inspiring spark, a key ingredient in an established process, or an end-to-end approach.

Here are three important considerations that will help design consumers make the critical decisions that are needed before embarking on their next design journey….(More)”.

Should Consumers Be Able to Sell Their Own Personal Data?


The Wall Street Journal: “People around the world are confused and concerned about what companies do with the data they collect from their interactions with consumers.

A global survey conducted last fall by the research firm Ipsos gives a sense of the scale of people’s worries and uncertainty. Roughly two-thirds of those surveyed said they knew little or nothing about how much data companies held about them or what companies did with that data. And only about a third of respondents on average said they had at least a fair amount of trust that a variety of corporate and government organizations would use the information they had about them in the right way….

Christopher Tonetti, an associate professor of economics at Stanford Graduate School of Business, says consumers should own and be able to sell their personal data. Cameron F. Kerry, a visiting fellow at the Brookings Institution and former general counsel and acting secretary of the U.S. Department of Commerce, opposes the idea….

YES: It Would Encourage Sharing of Data—a Plus for Consumers and Society…Data isn’t like other commodities in one fundamental way—it doesn’t diminish with use. And that difference is the key to why consumers should own the data that’s created when they interact with companies, and have the right to sell it.YES: It Would Encourage Sharing of Data—a Plus for Consumers and Society…

NO: It Would Do Little to Help Consumers, and Could Leave Them Worse Off Than Now…

But owning data will do little to help consumers’ privacy—and may well leave them worse off. Meanwhile, consumer property rights would create enormous friction for valid business uses of personal information and for the free flow of information we value as a society.

In our current system, consumers reflexively click away rights to data in exchange for convenience, free services, connection, endorphins or other motivations. In a market where consumers could sell or license personal information they generate from web browsing, ride-sharing apps and other digital activities, is there any reason to expect that they would be less motivated to share their information? …(More)”.

Democracy Beyond Elections


United Nations Democracy Fund: “newDemocracy and the United Nations Democracy Fund have recently announced a 2-year agreement centred on doing democracy differently. Making democracies more inclusive requires bold and innovative reforms to bring the young, the poor, and minorities into the political system to start to address the crisis of political representation which sees people becoming less and less engaged.

newDemocracy has been selected to develop and distribute a handbook on ‘Democracy Beyond Elections’ designed to show how nations at various levels of development can apply the principles of representation and deliberation in ways that are appropriate for their economic and educational circumstances. This handbook is now available to read online here, and available for download here….(More)”.

Massive Citizen Science Effort Seeks to Survey the Entire Great Barrier Reef


Jessica Wynne Lockhart at Smithsonian: “In August, marine biologists Johnny Gaskell and Peter Mumby and a team of researchers boarded a boat headed into unknown waters off the coasts of Australia. For 14 long hours, they ploughed over 200 nautical miles, a Google Maps cache as their only guide. Just before dawn, they arrived at their destination of a previously uncharted blue hole—a cavernous opening descending through the seafloor.

After the rough night, Mumby was rewarded with something he hadn’t seen in his 30-year career. The reef surrounding the blue hole had nearly 100 percent healthy coral cover. Such a find is rare in the Great Barrier Reef, where coral bleaching events in 2016 and 2017 led to headlines proclaiming the reef “dead.”

“It made me think, ‘this is the story that people need to hear,’” Mumby says.

The expedition from Daydream Island off the coast of Queensland was a pilot program to test the methodology for the Great Reef Census, a citizen science project headed by Andy Ridley, founder of the annual conservation event Earth Hour. His latest organization, Citizens of the Great Barrier Reef, has set the ambitious goal of surveying the entire 1,400-mile-long reef system in 2020…(More)”.