Data as infrastructure? A study of data sharing legal regimes

Curated on Posted on by Stefaan Verhulst

Paper by Charlotte Ducuing: “The article discusses the concept of infrastructure in the digital environment, through a study of three data sharing legal regimes: the Public Sector Information Directive (PSI Directive), the discussions on in-vehicle data governance and the freshly adopted data sharing legal regime in the Electricity Directive.

While aiming to contribute to the scholarship on data governance, the article deliberately focuses on network industries. Characterised by the existence of physical infrastructure, they have a special relationship to digitisation and ‘platformisation’ and are exposed to specific risks. Adopting an explanatory methodology, the article exposes that these regimes are based on two close but different sources of inspiration, yet intertwined and left unclear. By targeting entities deemed ‘monopolist’ with regard to the data they create and hold, data sharing obligations are inspired from competition law and especially the essential facility doctrine. On the other hand, beneficiaries appear to include both operators in related markets needing data to conduct their business (except for the PSI Directive), and third parties at large to foster innovation. The latter rationale illustrates what is called here a purposive view of data as infrastructure. The underlying understanding of ‘raw’ data (management) as infrastructure for all to use may run counter the ability for the regulated entities to get a fair remuneration for ‘their’ data.

Finally, the article pleads for more granularity when mandating data sharing obligations depending upon the purpose. Shifting away from a ‘one-size-fits-all’ solution, the regulation of data could also extend to the ensuing context-specific data governance regime, subject to further research…(More)”.

Pocket Democracy: Developing a User-Friendly App for Following Local Politics

Curated on Posted on by Stefaan Verhulst

Paper by Jenny Lindholm & Janne Berg: “Democratic innovations have been suggested as one way of increasing public participation in political processes. Civic technology may provide resources for improving transparency, publicity, and accountability in political processes. This paper is about the development of a smartphone application that provides users with information on municipal politics and representatives. We develop the application using a user-centered design approach. Thus, we establish its functions by hearing the end-users and considering their goals in the design process. We conducted three focus groups to find out what features end-users would like to see in an app. Six features were present in all three focus group discussions: receiving information, expressing opinions, creating/answering polls, receiving notifications, following issues and receiving emergency messages….(More)”.

Icelandic Citizen Engagement Tool Offers Tips for U.S.

Curated on Posted on by Stefaan Verhulst

Zack Quaintance at Government Technology: “The world of online discourse was vastly different one decade ago. This was before foreign election meddling, before social media execs were questioned by Congress, and before fighting with cantankerous uncles became an online trope. The world was perhaps more naïve, with a wide-eyed belief in some circles that Internet forums would amplify the voiceless within democracy.

This was the world in which Róbert Bjarnason and his collaborators lived. Based in Iceland, Bjarnason and his team developed a platform in 2010 for digital democracy. It was called Shadow Parliament, and its aim was simply to connect Iceland’s people with its governmental leadership. The platform launched one morning that year, with a comments section for debate. By evening, two users were locked in a deeply personal argument.

“We just looked at each other and thought, this is not going to be too much fun,” Bjarnason recalled recently. “We had just created one more platform for people to argue on.”

Sure, the engagement level was quite high, bringing furious users back to the site repeatedly to launch vitriol, but Shadow Parliament was not fostering the helpful discourse for which it was designed. So, developers scrapped it, pulling from the wreckage lessons to inform future work.

Bjarnason and team, officially a nonprofit called Citizens Foundation, worked for roughly a year, and, eventually, a new platform called Better Reykjavik was born. Better Reykjavik had key differences, chief among them a new debate system with simple tweaks: Citizens must list arguments for and against ideas, and instead of replying to each other directly, they can only down-vote things with which they disagree. This is a design that essentially forces users to create standalone points, rather than volley combative responses at one another, threaded in the fashion of Facebook or Twitter.

“With this framing of it,” Bjarnason said, “we’re not asking people to write the first comment they think of. We’re actually asking people to evaluate the idea.”

One tradeoff is that fury has proven itself to be an incredible driver of traffic, and the site loses that. But what the platform sacrifices in irate engagement, it gains in thoughtful debate. It’s essentially trading anger clicks for coherent discourse, and it’s seen tremendous success within Iceland — where some municipalities report 20 percent citizen usage — as well as throughout the international community, primarily in Europe. All told, Citizens Foundation has now built like-minded projects in 20 countries. And now, it is starting to build platforms for communities in the U.S….(More)”.

Trusted smart statistics: Motivations and principles

Curated on Posted on by Stefaan Verhulst

Paper by Fabio Ricciato et al : “In this contribution we outline the concept of Trusted Smart Statistics as the natural evolution of official statistics in the new datafied world. Traditional data sources, namely survey and administrative data, represent nowadays a valuable but small portion of the global data stock, much thereof being held in the private sector. The availability of new data sources is only one aspect of the global change that concerns official statistics. Other aspects, more subtle but not less important, include the changes in perceptions, expectations, behaviours and relations between the stakeholders. The environment around official statistics has changed: statistical offices are not any more data monopolists, but one prominent species among many others in a larger (and complex) ecosystem. What was established in the traditional world of legacy data sources (in terms of regulations, technologies, practices, etc.) is not guaranteed to be sufficient any more with new data sources.

Trusted Smart Statistics is not about replacing existing sources and processes, but augmenting them with new ones. Such augmentation however will not be only incremental: the path towards Trusted Smart Statistics is not about tweaking some components of the legacy system but about building an entirely new system that will coexist with the legacy one. In this position paper we outline some key design principles for the new Trusted Smart Statistics system. Taken collectively they picture a system where the smart and trust aspects enable and reinforce each other. A system that is more extrovert towards external stakeholders (citizens, private companies, public authorities) with whom Statistical Offices will be sharing computation, control, code, logs and of course final statistics, without necessarily sharing the raw input data….(More)”.

Data in Society: Challenging Statistics in an Age of Globalisation

Curated on Posted on by Stefaan Verhulst

Book edited by Jeff Evans, Sally Ruane and Humphrey Southall: “Statistical data and evidence-based claims are increasingly central to our everyday lives. Critically examining ‘Big Data’, this book charts the recent explosion in sources of data, including those precipitated by global developments and technological change. It sets out changes and controversies related to data harvesting and construction, dissemination and data analytics by a range of private, governmental and social organisations in multiple settings.

Analysing the power of data to shape political debate, the presentation of ideas to us by the media, and issues surrounding data ownership and access, the authors suggest how data can be used to uncover injustices and to advance social progress…(More)”.

Responsible data sharing in a big data-driven translational research platform: lessons learned

Curated on Posted on by Stefaan Verhulst

Paper by S. Kalkman et al: “The sharing of clinical research data is increasingly viewed as a moral duty [1]. Particularly in the context of making clinical trial data widely available, editors of international medical journals have labeled data sharing a highly efficient way to advance scientific knowledge [2,3,4]. The combination of even larger datasets into so-called “Big Data” is considered to offer even greater benefits for science, medicine and society [5]. Several international consortia have now promised to build grand-scale, Big Data-driven translational research platforms to generate better scientific evidence regarding disease etiology, diagnosis, treatment and prognosis across various disease areas [6,7,8].

Despite anticipated benefits, large-scale sharing of health data is charged with ethical questions. Stakeholders have been urged to consider how to manage privacy and confidentiality issues, ensure valid informed consent, and determine who gets to decide about data access [9]. More fundamentally, new data sharing activities prompt questions about social justice and public trust [10]. To balance potential benefits and ethical considerations, data sharing platforms require guidance for the processes of interaction and decision-making. In the European Union (EU), legal norms specified for the sharing of personal data for health research, most notably those set out in the General Data Protection Regulation (GDPR) (EU 2016/679), remain open to interpretation and offer limited practical guidance to researchers [12,12,13]. Striking in this regard is that the GDPR itself stresses the importance of adherence to ethical standards, when broad consent is put forward as a legal basis for the processing of personal data. For example, Recital 33 of the GDPR states that data subjects should be allowed to give “consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research” [14]. In fact, the GDPR actually encourages data controllers to establish self-regulating mechanisms, such as a code of conduct. To foster responsible and sustainable data sharing in translational research platforms, ethical guidance and governance is therefore necessary. Here, we define governance as ‘the processes of interaction and decision-making among the different stakeholders that are involved in a collective problem that lead to the creation, reinforcement, or reproduction of social norms and institutions’…(More)”.

Peopling Europe through Data Practices

Curated on Posted on by Stefaan Verhulst

Introduction to Special Issue of Science, Technology & Human Values by Baki Cakici, Evelyn Ruppert and Stephan Scheel: “Politically, Europe has been unable to address itself to a constituted polity and people as more than an agglomeration of nation-states. From the resurgence of nationalisms to the crisis of the single currency and the unprecedented decision of a member state to leave the European Union (EU), core questions about the future of Europe have been rearticulated: Who are the people of Europe? Is there a European identity? What does it mean to say, “I am European?” Where does Europe begin and end? and Who can legitimately claim to be a part of a “European” people?

The special issue (SI) seeks to contest dominant framings of the question “Who are the people of Europe?” as only a matter of government policies, electoral campaigns, or parliamentary debates. Instead, the contributions start from the assumption that answers to this question exist in data practices where people are addressed, framed, known, and governed as European. The central argument of this SI is that it is through data practices that the EU seeks to simultaneously constitute its population as a knowable, governable entity, and as a distinct form of peoplehood where common personhood is more important than differences….(More)”.

Lack of guidance leaves public services in limbo on AI, says watchdog

Curated on Posted on by Stefaan Verhulst

Dan Sabbagh at the Guardian: “Police forces, hospitals and councils struggle to understand how to use artificial intelligence because of a lack of clear ethical guidance from the government, according to the country’s only surveillance regulator.

The surveillance camera commissioner, Tony Porter, said he received requests for guidance all the time from public bodies which do not know where the limits lie when it comes to the use of facial, biometric and lip-reading technology.

“Facial recognition technology is now being sold as standard in CCTV systems, for example, so hospitals are having to work out if they should use it,” Porter said. “Police are increasingly wearing body cameras. What are the appropriate limits for their use?

“The problem is that there is insufficient guidance for public bodies to know what is appropriate and what is not, and the public have no idea what is going on because there is no real transparency.”

The watchdog’s comments came as it emerged that Downing Street had commissioned a review led by the Committee on Standards in Public Life, whose chairman had called on public bodies to reveal when they use algorithms in decision making.

Lord Evans, a former MI5 chief, told the Sunday Telegraph that “it was very difficult to find out where AI is being used in the public sector” and that “at the very minimum, it should be visible, and declared, where it has the potential for impacting on civil liberties and human rights and freedoms”.

AI is increasingly deployed across the public sector in surveillance and elsewhere. The high court ruled in September that the police use of automatic facial recognition technology to scan people in crowds was lawful.

Its use by South Wales police was challenged by Ed Bridges, a former Lib Dem councillor, who noticed the cameras when he went out to buy a lunchtime sandwich, but the court held that the intrusion into privacy was proportionate….(More)”.

Coping with societal challenges: Lessons for innovation policy governance

Curated on Posted on by Stefaan Verhulst

Paper by Jan Fagerberg & Gernot Hutschenreiter: “Grand societal challenges, such as global warming, can only be adequately dealt with through wide-ranging changes in technology, production and consumption, and ways of life, that is, through innovation. Furthermore, change will involve a variety of sectors or parts of the economy and society, and these change processes must be sufficiently consistent in order to achieve the desired results. This poses huge challenges for policy-making.

In this paper we focus on implications for the governance of innovation policy, i.e., policies influencing a country’s innovation performance. Based on a systemic understanding of innovation and the factors shaping it, the paper highlights the need for effective coordination of policies influencing innovation and what changes in innovation policy governance this may require. To throw further light on how this may be realised the paper discusses evidence on national innovation policy practice, from Finland, the Netherlands and Sweden, respectively, drawing on the country reviews of innovation policy conducted by the OECD as well as other sources. It is concluded that for innovation policy to tackle societal challenges effectively, clearer goals and stronger and better coordination among the various actors – both public and private – whose actions matter for innovation performance will be required. Based on the experiences of the three countries the paper particularly considers the role that comprehensive and inclusive innovation policy councils, with the prime minister in a central role, may play in such a process….(More)”.

Open Science, Open Data, and Open Scholarship: European Policies to Make Science Fit for the Twenty-First Century

Curated on Posted on by Stefaan Verhulst

Paper by Jean-Claude Burgelman et al: “Open science will make science more efficient, reliable, and responsive to societal challenges. The European Commission has sought to advance open science policy from its inception in a holistic and integrated way, covering all aspects of the research cycle from scientific discovery and review to sharing knowledge, publishing, and outreach. We present the steps taken with a forward-looking perspective on the challenges laying ahead, in particular the necessary change of the rewards and incentives system for researchers (for which various actors are co-responsible and which goes beyond the mandate of the European Commission). Finally, we discuss the role of artificial intelligence (AI) within an open science perspective….(More)”.