Privacy and Freedom of Expression In the Age of Artificial Intelligence

Curated on Posted on by Stefaan Verhulst

Joint Paper by Privacy International and ARTICLE 19: “Artificial Intelligence (AI) is part of our daily lives. This technology shapes how people access information, interact with devices, share personal information, and even understand foreign languages. It also transforms how individuals and groups can be tracked and identified, and dramatically alters what kinds of information can be gleaned about people from their data. AI has the potential to revolutionise societies in positive ways. However, as with any scientific or technological advancement, there is a real risk that the use of new tools by states or corporations will have a negative impact on human rights. While AI impacts a plethora of rights, ARTICLE 19 and Privacy International are particularly concerned about the impact it will have on the right to privacy and the right to freedom of expression and information. This scoping paper focuses on applications of ‘artificial narrow intelligence’: in particular, machine learning and its implications for human rights.

The aim of the paper is fourfold:

1. Present key technical definitions to clarify the debate;

2. Examine key ways in which AI impacts the right to freedom of expression and the right to privacy and outline key challenges;

3. Review the current landscape of AI governance, including various existing legal, technical, and corporate frameworks and industry-led AI initiatives that are relevant to freedom of expression and privacy; and

4. Provide initial suggestions for rights-based solutions which can be pursued by civil society organisations and other stakeholders in AI advocacy activities….(More)”.

Selected Readings on Data Responsibility, Refugees and Migration

Curated on Posted on by Andrew Young

By Kezia Paladina, Alexandra Shaw, Michelle Winowatan, Stefaan Verhulst, and Andrew Young

The Living Library’s Selected Readings series seeks to build a knowledge base on innovative approaches for improving the effectiveness and legitimacy of governance. This curated and annotated collection of recommended works on the topic of Data Collaboration for Migration was originally published in 2018.

Special thanks to Paul Currion whose data responsibility literature review gave us a headstart when developing the below. (Check out his article listed below on Refugee Identity)

The collection below is also meant to complement our article in the Stanford Social Innovation Review on Data Collaboration for Migration where we emphasize the need for a Data Responsibility Framework moving forward.

From climate change to politics to finance, there is growing recognition that some of the most intractable problems of our era are information problems. In recent years, the ongoing refugee crisis has increased the call for new data-driven approaches to address the many challenges and opportunities arising from migration. While data – including data from the private sector – holds significant potential value for informing analysis and targeted international and humanitarian response to (forced) migration, decision-makers often lack an actionable understanding of if, when and how data could be collected, processed, stored, analyzed, used, and shared in a responsible manner.

Data responsibility – including the responsibility to protect data and shield its subjects from harms, and the responsibility to leverage and share data when it can provide public value – is an emerging field seeking to go beyond just privacy concerns. The forced migration arena has a number of particularly important issues impacting responsible data approaches, including the risks of leveraging data regarding individuals fleeing a hostile or repressive government.

In this edition of the GovLab’s Selected Readings series, we examine the emerging literature on the data responsibility approaches in the refugee and forced migration space – part of an ongoing series focused on Data Responsibiltiy. The below reading list features annotated readings related to the Policy and Practice of data responsibility for refugees, and the specific responsibility challenges regarding Identity and Biometrics.

Data Responsibility and Refugees – Policy and Practice

International Organization for Migration (IOM) (2010) IOM Data Protection Manual. Geneva: IOM.

  • This IOM manual includes 13 data protection principles related to the following activities: lawful and fair collection, specified and legitimate purpose, data quality, consent, transfer to third parties, confidentiality, access and transparency, data security, retention and personal data, application of the principles, ownership of personal data, oversight, compliance and internal remedies (and exceptions).
  • For each principle, the IOM manual features targeted data protection guidelines, and templates and checklists are included to help foster practical application.

Norwegian Refugee Council (NRC) Internal Displacement Monitoring Centre / OCHA (eds.) (2008) Guidance on Profiling Internally Displaced Persons. Geneva: Inter-Agency Standing Committee.

  • This NRC document contains guidelines on gathering better data on Internally Displaced Persons (IDPs), based on country context.
  • IDP profile is defined as number of displaced persons, location, causes of displacement, patterns of displacement, and humanitarian needs among others.
  • It further states that collecting IDPs data is challenging and the current condition of IDPs data are hampering assistance programs.
  • Chapter I of the document explores the rationale for IDP profiling. Chapter II describes the who aspect of profiling: who IDPs are and common pitfalls in distinguishing them from other population groups. Chapter III describes the different methodologies that can be used in different contexts and suggesting some of the advantages and disadvantages of each, what kind of information is needed and when it is appropriate to profile.

United Nations High Commissioner for Refugees (UNHCR). Model agreement on the sharing of personal data with Governments in the context of hand-over of the refugee status determination process. Geneva: UNHCR.

  • This document from UNHCR provides a template of agreement guiding the sharing of data between a national government and UNHCR. The model agreement’s guidance is aimed at protecting the privacy and confidentiality of individual data while promoting improvements to service delivery for refugees.

United Nations High Commissioner for Refugees (UNHCR) (2015). Policy on the Protection of Personal Data of Persons of Concern to UNHCR. Geneva: UNHCR.

  • This policy outlines the rules and principles regarding the processing of personal data of persons engaged by UNHCR with the purpose of ensuring that the practice is consistent with UNGA’s regulation of computerized personal data files that was established to protect individuals’ data and privacy.
  • UNHCR require its personnel to apply the following principles when processing personal data: (i) Legitimate and fair processing (ii) Purpose specification (iii) Necessity and proportionality (iv) Accuracy (v) Respect for the rights of the data subject (vi) Confidentiality (vii) Security (viii) Accountability and supervision.

United Nations High Commissioner for Refugees (UNHCR) (2015) Privacy Impact Assessment of UNHCR Cash Based Interventions.

  • This impact assessment focuses on privacy issues related to financial assistance for refugees in the form of cash transfers. For international organizations like UNHCR to determine eligibility for cash assistance, data “aggregation, profiling, and social sorting techniques,” are often needed, leading a need for a responsible data approach.
  • This Privacy Impact Assessment (PIA) aims to identify the privacy risks posed by their program and seek to enhance safeguards that can mitigate those risks.
  • Key issues raised in the PIA involves the challenge of ensuring that individuals’ data will not be used for purposes other than those initially specified.

Data Responsibility in Identity and Biometrics

Bohlin, A. (2008) “Protection at the Cost of Privacy? A Study of the Biometric Registration of Refugees.” Lund: Faculty of Law of the University of Lund.

  • This 2008 study focuses on the systematic biometric registration of refugees conducted by UNHCR in refugee camps around the world, to understand whether enhancing the registration mechanism of refugees contributes to their protection and guarantee of human rights, or whether refugee registration exposes people to invasions of privacy.
  • Bohlin found that, at the time, UNHCR failed to put a proper safeguards in the case of data dissemination, exposing the refugees data to the risk of being misused. She goes on to suggest data protection regulations that could be put in place in order to protect refugees’ privacy.

Currion, Paul. (2018) “The Refugee Identity.” Medium.

  • Developed as part of a DFID-funded initiative, this essay considers Data Requirements for Service Delivery within Refugee Camps, with a particular focus on refugee identity.
  • Among other findings, Currion finds that since “the digitisation of aid has already begun…aid agencies must therefore pay more attention to the way in which identity systems affect the lives and livelihoods of the forcibly displaced, both positively and negatively.”
  • Currion argues that a Responsible Data approach, as opposed to a process defined by a Data Minimization principle, provides “useful guidelines,” but notes that data responsibility “still needs to be translated into organisational policy, then into institutional processes, and finally into operational practice.”

Farraj, A. (2010) “Refugees and the Biometric Future: The Impact of Biometrics on Refugees and Asylum Seekers.” Colum. Hum. Rts. L. Rev. 42 (2010): 891.

  • This article argues that biometrics help refugees and asylum seekers establish their identity, which is important for ensuring the protection of their rights and service delivery.
  • However, Farraj also describes several risks related to biometrics, such as, misidentification and misuse of data, leading to a need for proper approaches for the collection, storage, and utilization of the biometric information by government, international organizations, or other parties.  

GSMA (2017) Landscape Report: Mobile Money, Humanitarian Cash Transfers and Displaced Populations. London: GSMA.

  • This paper from GSMA seeks to evaluate how mobile technology can be helpful in refugee registration, cross-organizational data sharing, and service delivery processes.
  • One of its assessments is that the use of mobile money in a humanitarian context depends on the supporting regulatory environment that contributes to unlocking the true potential of mobile money. The examples include extension of SIM dormancy period to anticipate infrequent cash disbursements, ensuring that persons without identification are able to use the mobile money services, and so on.
  • Additionally, GMSA argues that mobile money will be most successful when there is an ecosystem to support other financial services such as remittances, airtime top-ups, savings, and bill payments. These services will be especially helpful in including displaced populations in development.

GSMA (2017) Refugees and Identity: Considerations for mobile-enabled registration and aid delivery. London: GSMA.

  • This paper emphasizes the importance of registration in the context of humanitarian emergency, because being registered and having a document that proves this registration is key in acquiring services and assistance.
  • Studying cases of Kenya and Iraq, the report concludes by providing three recommendations to improve mobile data collection and registration processes: 1) establish more flexible KYC for mobile money because where refugees are not able to meet existing requirements; 2) encourage interoperability and data sharing to avoid fragmented and duplicative registration management; and 3) build partnership and collaboration among governments, humanitarian organizations, and multinational corporations.

Jacobsen, Katja Lindskov (2015) “Experimentation in Humanitarian Locations: UNHCR and Biometric Registration of Afghan Refugees.” Security Dialogue, Vol 46 No. 2: 144–164.

  • In this article, Jacobsen studies the biometric registration of Afghan refugees, and considers how “humanitarian refugee biometrics produces digital refugees at risk of exposure to new forms of intrusion and insecurity.”

Jacobsen, Katja Lindskov (2017) “On Humanitarian Refugee Biometrics and New Forms of Intervention.” Journal of Intervention and Statebuilding, 1–23.

  • This article traces the evolution of the use of biometrics at the Office of the United Nations High Commissioner for Refugees (UNHCR) – moving from a few early pilot projects (in the early-to-mid-2000s) to the emergence of a policy in which biometric registration is considered a ‘strategic decision’.

Manby, Bronwen (2016) “Identification in the Context of Forced Displacement.” Washington DC: World Bank Group. Accessed August 21, 2017.

  • In this paper, Bronwen describes the consequences of not having an identity in a situation of forced displacement. It prevents displaced population from getting various services and creates higher chance of exploitation. It also lowers the effectiveness of humanitarian actions, as lacking identity prevents humanitarian organizations from delivering their services to the displaced populations.
  • Lack of identity can be both the consequence and and cause of forced displacement. People who have no identity can be considered illegal and risk being deported. At the same time, conflicts that lead to displacement can also result in loss of ID during travel.
  • The paper identifies different stakeholders and their interest in the case of identity and forced displacement, and finds that the biggest challenge for providing identity to refugees is the politics of identification and nationality.
  • Manby concludes that in order to address this challenge, there needs to be more effective coordination among governments, international organizations, and the private sector to come up with an alternative of providing identification and services to the displaced persons. She also argues that it is essential to ensure that national identification becomes a universal practice for states.

McClure, D. and Menchi, B. (2015). Challenges and the State of Play of Interoperability in Cash Transfer Programming. Geneva: UNHCR/World Vision International.

  • This report reviews the elements that contribute to the interoperability design for Cash Transfer Programming (CTP). The design framework offered here maps out these various features and also looks at the state of the problem and the state of play through a variety of use cases.
  • The study considers the current state of play and provides insights about the ways to address the multi-dimensionality of interoperability measures in increasingly complex ecosystems.     

NRC / International Human Rights Clinic (2016). Securing Status: Syrian refugees and the documentation of legal status, identity, and family relationships in Jordan.

  • This report examines Syrian refugees’ attempts to obtain identity cards and other forms of legally recognized documentation (mainly, Ministry of Interior Service Cards, or “new MoI cards”) in Jordan through the state’s Urban Verification Exercise (“UVE”). These MoI cards are significant because they allow Syrians to live outside of refugee camps and move freely about Jordan.
  • The text reviews the acquirement processes and the subsequent challenges and consequences that refugees face when unable to obtain documentation. Refugees can encounter issues ranging from lack of access to basic services to arrest, detention, forced relocation to camps and refoulement.  
  • Seventy-two Syrian refugee families in Jordan were interviewed in 2016 for this report and their experiences with obtaining MoI cards varied widely.

Office of Internal Oversight Services (2015). Audit of the operations in Jordan for the Office of the United Nations High Commissioner for Refugees. Report 2015/049. New York: UN.

  • This report documents the January 1, 2012 – March 31, 2014 audit of Jordanian operations, which is intended to ensure the effectiveness of the UNHCR Representation in the state.
  • The main goals of the Regional Response Plan for Syrian refugees included relieving the pressure on Jordanian services and resources while still maintaining protection for refugees.
  • The audit results concluded that the Representation was initially unsatisfactory, and the OIOS suggested several recommendations according to the two key controls which the Representation acknowledged. Those recommendations included:
    • Project management:
      • Providing training to staff involved in financial verification of partners supervise management
      • Revising standard operating procedure on cash based interventions
      • Establishing ways to ensure that appropriate criteria for payment of all types of costs to partners’ staff are included in partnership agreements
    • Regulatory framework:
      • Preparing annual need-based procurement plan and establishing adequate management oversight processes
      • Creating procedures for the assessment of renovation work in progress and issuing written change orders
      • Protecting data and ensuring timely consultation with the UNHCR Division of Financial and Administrative Management

UNHCR/WFP (2015). Joint Inspection of the Biometrics Identification System for Food Distribution in Kenya. Geneva: UNHCR/WFP.

  • This report outlines the partnership between the WFP and UNHCR in its effort to promote its biometric identification checking system to support food distribution in the Dadaab and Kakuma refugee camps in Kenya.
  • Both entities conducted a joint inspection mission in March 2015 and was considered an effective tool and a model for other country operations.
  • Still, 11 recommendations are proposed and responded to in this text to further improve the efficiency of the biometric system, including real-time evaluation of impact, need for automatic alerts, documentation of best practices, among others.

The Refugee Identity

Curated on Posted on by Stefaan Verhulst

Medium essay byPaul Currion: “From Article 6 of the UN Declaration of Human Rights (“Everyone has the right to recognition everywhere as a person before the law” ) to Sustainable Development Goal 16.9 (“By 2030, provide legal identity for all, including birth registration”) to the formation of the ID2020 Alliance (whose fourth goal is to “Enable more efficient and effective delivery of development and humanitarian aid), identity has been central to the modern project of development.

Discussion of identity within the aid sector is embedded in a much larger set of political, social, economic, legal and technical discussions at a national and global level. This review will not address that larger set of discussions, but will instead focus specifically on humanitarian aid, and more specifically refugees, and more specifically still on refugee camps as a location in which identity provision is both critical and contested. It is the first output of a DFID-funded research project examining data requirements for service delivery (by UN agencies and NGOs) within refugee camps.

Given how central the issue of identity is for refugees, there is surprisingly little literature about how identity provision is implemented in the context of refugee camps.1 This essay introduces some of the critical issues relating to identity (particularly in the context of the digitisation of aid) and explores how they relate to the research project. It is accompanied by a bibliography for those who are interested in exploring the issue further.,,,(More)”.

How We Identified Burned Villages in the Democratic Republic of Congo

Curated on Posted on by Stefaan Verhulst

Christophe Koettl in the New York Times: “In mid-February a source in the human rights community told me that villages in a remote region of the Democratic Republic of Congo were being burned amid a renewal of communal fighting. People fleeing the violence told aid workers of arson attacks.

The clashes between the Hema and Lendu communities — on the eastern side of the Ituri province, bordering Uganda — started in December and escalated in early February.

Historically, these distant conflicts have been difficult to analyze. But new technologies allow us to investigate them in close to real time.

I immediately collected active-fire data from NASA — thermal anomalies, or hot spots, that are recorded daily. It showed dozens of fires on the densely forested mountain ridge and along the shoreline of Lake Albert, one of the African Great Lakes between Congo and Uganda.

(Human rights groups also used this type of data, in combination with other evidence, to document the military’s scorched-earth campaign against the Rohingya in Myanmar.)

Active-fire data does not provide the cause of a fire, so one must exercise caution in interpreting it, especially when researching violence. It is more commonly used to track wildfires and agricultural fires.

The satellites that collect this information do not provide actual images; they only record the location of active fires, and very large ones at that. So don’t get your hopes up about watching your neighbors barbecue from space — we aren’t quite there yet.

Google and other online mapping platforms often show only blurry satellite images, or have no location names for remote areas such as the small fishing villages around Lake Albert. This makes it difficult to find places where people live. To deal with this challenge, I exported residential data from the online mapping site Openstreetmap.

I then overlaid the NASA data with this new data in Google Earth to look for recorded fires that were in or near populated places. This process gave me a shortlist of 10 locations to investigate.

Location of satellite-recorded active fires (the flames) and residential area data (the white outlines) helped to identify remote locations that had possibly been burned. © Google Earth/DigitalGlobe

Next, the satellite company DigitalGlobe provided me with high-resolution satellite imagery and analysis of these places. The results were disturbing: All the villages I had identified were at least partially burned, with hundreds of destroyed homes.

As this was not a comprehensive analysis of the whole area affected by violence, the actual number of burned villages is probably much higher. Aid organizations are reporting around 70 burned villages and more than 2,000 destroyed homes.

This new visual evidence provided us with a strong basis to report out the whole story. We now had details from both sides of the lake, not just at the refugee landing site in Uganda….(More)”

Online Political Microtargeting: Promises and Threats for Democracy

Curated on Posted on by Stefaan Verhulst

Frederik Zuiderveen Borgesius et al in Utrecht Law Review: “Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements. Online political microtargeting is widely used in the US; Europe may not be far behind.

This paper maps microtargeting’s promises and threats to democracy. For example, microtargeting promises to optimise the match between the electorate’s concerns and political campaigns, and to boost campaign engagement and political participation. But online microtargeting could also threaten democracy. For instance, a political party could, misleadingly, present itself as a different one-issue party to different individuals. And data collection for microtargeting raises privacy concerns. We sketch possibilities for policymakers if they seek to regulate online political microtargeting. We discuss which measures would be possible, while complying with the right to freedom of expression under the European Convention on Human Rights….(More)”.

How Blockchain can benefit migration programmes and migrants

Curated on Posted on by Stefaan Verhulst

Solon Ardittis at the Migration Data Portal: “According to a recent report published by CB Insights, there are today at least 36 major industries that are likely to benefit from the use of Blockchain technology, ranging from voting procedures, critical infrastructure security, education and healthcare, to car leasing, forecasting, real estate, energy management, government and public records, wills and inheritance, corporate governance and crowdfunding.

In the international aid sector, a number of experiments are currently being conducted to distribute aid funding through the use of Blockchain and thus to improve the tracing of the ways in which aid is disbursed. Among several other examples, the Start Network, which consists of 42 aid agencies across five continents, ranging from large international organizations to national NGOs, has launched a Blockchain-based project that enables the organization both to speed up the distribution of aid funding and to facilitate the tracing of every single payment, from the original donor to each individual assisted.

As Katherine Purvis of The Guardian noted, “Blockchain enthusiasts are hopeful it could be the next big development disruptor. In providing a transparent, instantaneous and indisputable record of transactions, its potential to remove corruption and provide transparency and accountability is one area of intrigue.”

In the field of international migration and refugee affairs, however, Blockchain technology is still in its infancy.

One of the few notable examples is the launch by the United Nations (UN) World Food Programme (WFP) in May 2017 of a project in the Azraq Refugee Camp in Jordan which, through the use of Blockchain technology, enables the creation of virtual accounts for refugees and the uploading of monthly entitlements that can be spent in the camp’s supermarket through the use of an authorization code. Reportedly, the programme has contributed to a reduction by 98% of the bank costs entailed by the use of a financial service provider.

This is a noteworthy achievement considering that organizations working in international relief can lose up to 3.5% of each aid transaction to various fees and costs and that an estimated 30% of all development funds do not reach their intended recipients because of third-party theft or mismanagement.

At least six other UN agencies including the UN Office for Project Services (UNOPS), the UN Development Programme (UNDP), the UN Children’s Fund (UNICEF), UN Women, the UN High Commissioner for Refugees (UNHCR) and the UN Development Group (UNDG), are now considering Blockchain applications that could help support international assistance, particularly supply chain management tools, self-auditing of payments, identity management and data storage.

The potential of Blockchain technology in the field of migration and asylum affairs should therefore be fully explored.

At the European Union (EU) level, while a Blockchain task force has been established by the European Parliament to assess the ways in which the technology could be used to provide digital identities to refugees, and while the European Commission has recently launched a call for project proposals to examine the potential of Blockchain in a range of sectors, little focus has been placed so far on EU assistance in the field of migration and asylum, both within the EU and in third countries with which the EU has negotiated migration partnership agreements.

This is despite the fact that the use of Blockchain in a number of major programme interventions in the field of migration and asylum could help improve not only their cost-efficiency but also, at least as importantly, their degree of transparency and accountability. This at a time when media and civil society organizations exercise increased scrutiny over the quality and ethical standards of such interventions.

In Europe, for example, Blockchain could help administer the EU Asylum, Migration and Integration Fund (AMIF), both in terms of transferring funds from the European Commission to the eligible NGOs in the Member States and in terms of project managers then reporting on spending. This would help alleviate many of the recurrent challenges faced by NGOs in managing funds in line with stringent EU regulations.

As crucially, Blockchain would have the potential to increase transparency and accountability in the channeling and spending of EU funds in third countries, particularly under the Partnership Framework and other recent schemes to prevent irregular migration to Europe.

A case in point is the administration of EU aid in response to the refugee emergency in Greece where, reportedly, there continues to be insufficient oversight of the full range of commitments and outcomes of large EU-funded investments, particularly in the housing sector. Another example is the set of recent programme interventions in Libya, where a growing number of incidents of human rights abuses and financial mismanagement are being brought to light….(More)”.

The End of the End of History?

Curated on Posted on by Stefaan Verhulst

Introduction to Special Issue of The Hedgehog Review: “Although Francis Fukuyama never said the triumph of liberal democracy was inevitable, his qualified declaration of the “the end of history” captured the optimistic, sometimes naive tenor of the early post-Cold War era. But how quickly that confidence faded! Unmistakable signs of history’s resumption began to appear less than two decades after the fall of the Berlin Wall. In its 2008 annual report on political rights and civil liberties around the world, the democracy watchdog Freedom House took troubled note of the reversal of progress in a number of key countries in South Asia, the Middle East, Africa, and the former Soviet space.

This “profoundly disturbing deterioration,” as Freedom House put it, has continued, and not only in countries with fragile democratic institutions. The most recent survey found that “in 2016 it was established democracies—countries rated Free in the report’s ranking system—that dominated the list of countries suffering setbacks.” The report’s authors went on glumly to note that the US election of 2016 “raised fears of a foreign policy divorced from America’s traditional strategic commitments to democracy, human rights, and the rules-based international order that it helped to construct beginning in 1945.” And if this were not enough, they pointed to a growing “nexus” of mutual support between authoritarian regimes and populist movements in both weak and strong liberal democracies.

It would be somewhat reassuring to think the United States is the “exceptional nation” resisting the tide. But President Donald J. Trump’s casual, sometimes caustic, disdain for democratic norms and his inexplicable coziness with Vladimir Putin and lesser authoritarians have raised concerns in America and abroad, particularly among traditional allies.

Disturbing as the behavior of the forty-fifth president is, honesty compels us to recognize that Trump’s presidency is less the cause of America’s democracy woes than the product of them. Surveys and studies, including The Vanishing Center of American Democracy, published by the Institute for Advanced Studies in Culture last year, reveal a steady decline in Americans’ confidence in their political institutions as well as various other bulwarks of a liberal and civil society. A declining faith in democratic norms has only exacerbated the culture war divisions of the last four decades, divisions that have in turn been intensified by what some call a new class war between “credentialed” elites and (mostly) white lower-income earners who see their fortunes declining. And as many have noted, democratic norms are bound to suffer when there are no shared conceptions of truth or objectivity, and when all products of journalism are dismissed, from one partisan angle or another, as “fake news.”

Is it time to declare the end of the end of history, as we tentatively suggest in the title to this issue’s theme? More fundamentally, is there something deeply flawed in what many people have long believed was the crowning achievement of the Enlightenment: not merely the idea of governments of, for, and by the people but states undergirded by commitments to personal and civil liberties. Are we witnessing the exhaustion of the once-vital liberal tradition that supported our politics, both its progressive and conservative strands, and which made politics a (relatively) civil enterprise, and compromise a desirable outcome of that enterprise?

The contributors to this issue propose widely differing answers to these questions. But all agree that the questions are urgent and the stakes are high, not only for America and other liberal democracies but also for the relatively stable global order that emerged after World War II, an order built on faith in the universal worth of liberal principles….(More)”.

The People’s Right to Know and State Secrecy

Curated on Posted on by Stefaan Verhulst

Dorota Mokrosinska at the Canadian Journal of Law and Jurisprudence: “Among the classic arguments which advocates of open government use to fight government secrecy is the appeal to a “people’s right to know.” I argue that the employment of this idea as a conceptual weapon against state secrecy misfires. I consider two prominent arguments commonly invoked to support the people’s right to know government-held information: an appeal to human rights and an appeal to democratic citizenship. While I concede that both arguments ground the people’s right to access government information, I argue that they also limit this right and in limiting it, they establish a domain of state secrecy. The argument developed in the essay provides a novel interpretation of Dennis Thompson’s claim, who in his seminal work on the place of secrecy in democratic governance, has argued that some of the best reasons for secrecy are the same reasons that argue for openness and against secrecy….(More)”.

Rights-Based and Tech-Driven: Open Data, Freedom of Information, and the Future of Government Transparency

Curated on Posted on by Stefaan Verhulst

Beth Noveck at the Yale Human Rights and Development Journal: “Open data policy mandates that government proactively publish its data online for the public to reuse. It is a radically different approach to transparency than traditional right-to-know strategies as embodied in Freedom of Information Act (FOIA) legislation in that it involves ex ante rather than ex post disclosure of whole datasets. Although both open data and FOIA deal with information sharing, the normative essence of open data is participation rather than litigation. By fostering public engagement, open data shifts the relationship between state and citizen from a monitorial to a collaborative one, centered around using information to solve problems together. This Essay explores the theory and practice of open data in comparison to FOIA and highlights its uses as a tool for advancing human rights, saving lives, and strengthening democracy. Although open data undoubtedly builds upon the fifty-year legal tradition of the right to know about the workings of one’s government, open data does more than advance government accountability. Rather, it is a distinctly twenty-first century governing practice borne out of the potential of big data to help solve society’s biggest problems. Thus, this Essay charts a thoughtful path toward a twenty-first century transparency regime that takes advantage of and blends the strengths of open data’s collaborative and innovation-centric approach and the adversarial and monitorial tactics of freedom of information regimes….(More)”.

Can Big Data Revolutionize International Human Rights Law?

Curated on Posted on by Stefaan Verhulst

Galit A. Sarfaty in the Journal of International Law: “International human rights efforts have been overly reliant on reactive tools and focused on treaty compliance, while often underemphasizing the prevention of human rights violations. I argue that data analytics can play an important role in refocusing the international human rights regime on its original goal of preventing human rights abuses, but it comes at a cost.

There are risks in advancing a data-driven approach to human rights, including the privileging of certain rights subject to quantitative measurement and the precipitation of further human rights abuses in the process of preventing other violations. Moreover, the increasing use of big data can ultimately privatize the international human rights regime by transforming the corporation into a primary gatekeeper of rights protection. Such unintended consequences need to be addressed in order to maximize the benefits and minimize the risks of using big data in this field….(More)”.