Digital contact tracing and surveillance during COVID-19


Report on General and Child-specific Ethical Issues by Gabrielle Berman, Karen Carter, Manuel García-Herranz and Vedran Sekara: “The last few years have seen a proliferation of means and approaches being used to collect sensitive or identifiable data on children. Technologies such as facial recognition and other biometrics, increased processing capacity for ‘big data’ analysis and data linkage, and the roll-out of mobile and internet services and access have substantially changed the nature of data collection, analysis, and use.

Real-time data are essential to support decision-makers in government, development and humanitarian agencies such as UNICEF to better understand the issues facing children, plan appropriate action, monitor progress and ensure that no one is left behind. But the collation and use of personally identifiable data may also pose significant risks to children’s rights.

UNICEF has undertaken substantial work to provide a foundation to understand and balance the potential benefits and risks to children of data collection. This work includes the Industry Toolkit on Children’s Online Privacy and Freedom of Expression and a partnership with GovLab on Responsible Data for Children (RD4C) – which promotes good practice principles and has developed practical tools to assist field offices, partners and governments to make responsible data management decisions.

Balancing the need to collect data to support good decision-making versus the need to protect children from harm created through the collection of the data has never been more challenging than in the context of the global COVID-19 pandemic. The response to the pandemic has seen an unprecedented rapid scaling up of technologies to support digital contact tracing and surveillance. The initial approach has included:

  • tracking using mobile phones and other digital devices (tablet computers, the Internet of Things, etc.)
  • surveillance to support movement restrictions, including through the use of location monitoring and facial recognition
  • a shift from in-person service provision and routine data collection to the use of remote or online platforms (including new processes for identity verification)
  • an increased focus on big data analysis and predictive modelling to fill data gaps…(More)”.

Using Data for COVID-19 Requires New and Innovative Governance Approaches


Stefaan G. Verhulst and Andrew Zahuranec at Data & Policy blog: “There has been a rapid increase in the number of data-driven projects and tools released to contain the spread of COVID-19. Over the last three months, governments, tech companies, civic groups, and international agencies have launched hundreds of initiatives. These efforts range from simple visualizations of public health data to complex analyses of travel patterns.

When designed responsibly, data-driven initiatives could provide the public and their leaders the ability to be more effective in addressing the virus. The Atlantic andNew York Times have both published work that relies on innovative data use. These and other examples, detailed in our #Data4COVID19 repository, can fill vital gaps in our understanding and allow us to better respond and recover to the crisis.

But data is not without risk. Collecting, processing, analyzing and using any type of data, no matter how good intention of its users, can lead to harmful ends. Vulnerable groups can be excluded. Analysis can be biased. Data use can reveal sensitive information about people and locations. In addressing all these hazards, organizations need to be intentional in how they work throughout the data lifecycle.

Decision Provenance: Documenting decisions and decision makers across the Data Life Cycle

Unfortunately the individuals and teams responsible for making these design decisions at each critical point of the data lifecycle are rarely identified or recognized by all those interacting with these data systems.

The lack of visibility into the origins of these decisions can impact professional accountability negatively as well as limit the ability of actors to identify the optimal intervention points for mitigating data risks and to avoid missed use of potentially impactful data. Tracking decision provenance is essential.

As Jatinder Singh, Jennifer Cobbe, and Chris Norval of the University of Cambridge explain, decision provenance refers to tracking and recording decisions about the collection, processing, sharing, analyzing, and use of data. It involves instituting mechanisms to force individuals to explain how and why they acted. It is about using documentation to provide transparency and oversight in the decision-making process for everyone inside and outside an organization.

Toward that end, The GovLab at NYU Tandon developed the Decision Provenance Mapping. We designed this tool for designated data stewards tasked with coordinating the responsible use of data across organizational priorities and departments….(More)”

Removing the pump handle: Stewarding data at times of public health emergency


Reema Patel at Significance: “There is a saying, incorrectly attributed to Mark Twain, that states: “History never repeat itself but it rhymes”. Seeking to understand the implications of the current crisis for the effective use of data, I’ve drawn on the nineteenth-century cholera outbreak in London’s Soho to identify some “rhyming patterns” that might inform our approaches to data use and governance at this time of public health crisis.

Where better to begin than with the work of Victorian pioneer John Snow? In 1854, Snow’s use of a dot map to illustrate clusters of cholera cases around public water pumps, and of statistics to establish the connection between the quality of water sources and cholera outbreaks, led to a breakthrough in public health interventions – and, famously, the removal of the handle of a water pump in Broad Street.

Data is vital

We owe a lot to Snow, especially now. His examples teaches us that data has a central role to play in saving lives, and that the effective use of (and access to) data is critical for enabling timely responses to public health emergencies.

Take, for instance, transport app CityMapper’s rapid redeployment of its aggregated transport data. In the early days of the Covid-19 pandemic, this formed part of an analysis of compliance with social distancing restrictions across a range of European cities. There is also the US-based health weather map, which uses anonymised and aggregated data to visualise fever, specifically influenza-like illnesses. This data helped model early indications of where, and how quickly, Covid-19 was spreading….

Ethics and human rights still matter

As the current crisis evolves, many have expressed concern that the pandemic will be used to justify the rapid roll out of surveillance technologies that do not meet ethical and human rights standards, and that this will be done in the name of the “public good”. Examples of these technologies include symptom- and contact-tracing applications. Privacy experts are also increasingly concerned that governments will be trading off more personal data than is necessary or proportionate to respond to the public health crisis.

Many ethical and human rights considerations (including those listed at the bottom of this piece) are at risk of being overlooked at this time of emergency, and governments would be wise not to press ahead regardless, ignoring legitimate concerns about rights and standards. Instead, policymakers should begin to address these concerns by asking how we can prepare (now and in future) to establish clear and trusted boundaries for the use of data (personal and non-personal) in such crises.

Democratic states in Europe and the US have not, in recent memory, prioritised infrastructures and systems for a crisis of this scale – and this has contributed to our current predicament. Contrast this with Singapore, which suffered outbreaks of SARS and H1N1, and channelled this experience into implementing pandemic preparedness measures.

We cannot undo the past, but we can begin planning and preparing constructively for the future, and that means strengthening global coordination and finding mechanisms to share learning internationally. Getting the right data infrastructure in place has a central role to play in addressing ethical and human rights concerns around the use of data….(More)”.

Data Privacy Budget and Solutions Forecast


Survey by FTI Consulting: “…reported significant increases in spend and data privacy-related programs. Though respondents are increasing their emphasis on privacy compliance, the results showed that many are also willing to take risks in the interest of tapping into the value of their data. Still others believe that “good faith” efforts will improve their position with regulators. Key findings include:

  • 97 percent of organizations will increase their spend on data privacy in the coming year, with nearly one-third indicating plans to increase budgets by between 90 percent and more than 100 percent.
  • 78 percent agreed with the statement: “The value of data is encouraging organizations to find ways to avoid complying fully with data privacy regulation.”
  • 87 percent of respondents believed that steps toward compliance will mitigate regulatory scrutiny. More than half strongly agreed with this idea.
  • 44 percent said they expect lack of awareness and training to be the key data privacy challenge of the coming year.             

In terms of solutions, respondents indicated a diverse array of techniques for the coming year, and only 6 percent said they had no plans for change. The top-rated solutions set for implementation over the next 12 months included establishing a clear, consistent set of data privacy standards, updating agreements and contracts with external parties, reviewing standard data privacy practices of supply chains and building privacy-by-design programs….(More)”.

Big data, privacy and COVID-19 – learning from humanitarian expertise in data protection


Andrej Zwitter & Oskar J. Gstrein at the Journal of International Humanitarian Action: “The use of location data to control the coronavirus pandemic can be fruitful and might improve the ability of governments and research institutions to combat the threat more quickly. It is important to note that location data is not the only useful data that can be used to curb the current crisis. Genetic data can be relevant for AI enhanced searches for vaccines and monitoring online communication on social media might be helpful to keep an eye on peace and security (Taulli n.d.). However, the use of such large amounts of data comes at a price for individual freedom and collective autonomy. The risks of the use of such data should ideally be mitigated through dedicated legal frameworks which describe the purpose and objectives of data use, its collection, analysis, storage and sharing, as well as the erasure of ‘raw’ data once insights have been extracted. In the absence of such clear and democratically legitimized norms, one can only resort to fundamental rights provisions such as Article 8 paragraph 2 of the ECHR that reminds us that any infringement of rights such as privacy need to be in accordance with law, necessary in a democratic society, pursuing a legitimate objective and proportionate in their application.

However as shown above, legal frameworks including human rights standards are currently not capable of effectively ensuring data protection, since they focus too much on the individual as the point of departure. Hence, we submit that currently applicable guidelines and standards for responsible data use in the humanitarian sector should also be fully applicable to corporate, academic and state efforts which are currently enacted to curb the COVID-19 crisis globally. Instead of ‘re-calibrating’ the expectations of individuals on their own privacy and collective autonomy, the requirements for the use of data should be broader and more comprehensive. Applicable principles and standards as developed by OCHA, the 510 project of the Dutch Red Cross, or by academic initiatives such as the Signal Code are valid minimum standards during a humanitarian crisis. Hence, they are also applicable minimum standards during the current pandemic.

Core findings that can be extracted from these guidelines and standards for the practical implementation into data driven responses to COVIC-19 are:

  • data sensitivity is highly contextual; one and the same data can be sensitive in different contexts. Location data during the current pandemic might be very useful for epidemiological analysis. However, if (ab-)used to re-calibrate political power relations, data can be open for misuse. Hence, any party supplying data and data analysis needs to check whether data and insights can be misused in the context they are presented.
  • privacy and data protection are important values; they do not disappear during a crisis. Nevertheless, they have to be weighed against respective benefits and risks.
  • data-breaches are inevitable; with time (t) approaching infinity, the chance of any system being hacked or becoming insecure approaches 100%. Hence, it is not a question of whether, but when. Therefore, organisations have to prepare sound data retention and deletion policies.
  • data ethics is an obligation to provide high quality analysis; using machine learning and big data might be appealing for the moment, but the quality of source data might be low, and results might be unreliable, or even harmful. Biases in incomplete datasets, algorithms and human users are abundant and widely discussed. We must not forget that in times of crisis, the risk of bias is more pronounced, and more problematic due to the vulnerability of data subjects and groups. Therefore, working to the highest standards of data processing and analysis is an ethical obligation.

The adherence to these principles is particularly relevant in times of crisis such as now, where they mark the difference between societies that focus on control and repression on the one hand, and those who believe in freedom and autonomy on the other. Eventually, we will need to think of including data policies into legal frameworks for state of emergency regulations, and coordinate with corporate stakeholders as well as private organisations on how to best deal with such crises. Data-driven practices have to be used in a responsible manner. Furthermore, it will be important to observe whether data practices and surveillance assemblages introduced under current circumstances will be rolled back to status quo ante when returning to normalcy. If not, our rights will become hollowed out, just waiting for the next crisis to eventually become irrelevant….(More)”.

Governing Privacy in the Datafied City


Paper by Ira Rubinstein and Bilyana Petkova: “Privacy — understood in terms of freedom from identification, surveillance and profiling — is a precondition of the diversity and tolerance that define the urban experience, But with “smart” technologies eroding the anonymity of city sidewalks and streets, and turning them into surveilled spaces, are cities the first to get caught in the line of fire? Alternatively, are cities the final bastions of privacy? Will the interaction of tech companies and city governments lead cities worldwide to converge around the privatization of public spaces and monetization of data with little to no privacy protections? Or will we see different city identities take root based on local resistance and legal action?

This Article delves into these questions from a federalist and localist angle. In contrast to other fields in which American cities lack the formal authority to govern, we show that cities still enjoy ample powers when it comes to privacy regulation. Fiscal concerns, rather than state or federal preemption, play a role in privacy regulation, and the question becomes one of how cities make use of existing powers. Populous cosmopolitan cities, with a sizeable market share and significant political and cultural clout, are in particularly noteworthy positions to take advantage of agglomeration effects and drive hard deals when interacting with private firms. Nevertheless, there are currently no privacy front runners or privacy laggards; instead, cities engage in “privacy activism” and “data stewardship.”

First, as privacy activists, U.S. cities use public interest litigation to defend their citizens’ personal information in high profile political participation and consumer protection cases. Examples include legal challenges to the citizenship question in the 2020 Census, and to instances of data breach including Facebook third-party data sharing practices and the Equifax data breach. We link the Census 2020 data wars to sanctuary cities’ battles with the federal administration to demonstrate that political dissent and cities’ social capital — diversity — are intrinsically linked to privacy. Regarding the string of data breach cases, cities expand their experimentation zone by litigating privacy interests against private parties.

Second, cities as data stewards use data to regulate their urban environment. As providers of municipal services, they collect, analyze and act on a broad range of data about local citizens or cut deals with tech companies to enhance transit, housing, utility, telecom, and environmental services by making them smart while requiring firms like Uber and Airbnb to share data with city officials. This has proven contentious at times but in both North American and European cities, open data and more cooperative forms of data sharing between the city, commercial actors, and the public have emerged, spearheaded by a transportation data trust in Seattle. This Article contrasts the Seattle approach with the governance and privacy deficiencies accompanying the privately-led Quayside smart city project in Toronto. Finally, this Article finds the data trust model of data sharing to hold promise, not least since the European rhetoric of exclusively city-owned data presented by Barcelona might prove difficult to realize in practice….(More)”.

An Artificial Revolution: On Power, Politics and AI


Book by Ivana Bartoletti: “AI has unparalleled transformative potential to reshape society but without legal scrutiny, international oversight and public debate, we are sleepwalking into a future written by algorithms which encode regressive biases into our daily lives. As governments and corporations worldwide embrace AI technologies in pursuit of efficiency and profit, we are at risk of losing our common humanity: an attack that is as insidious as it is pervasive.

Leading privacy expert Ivana Bartoletti exposes the reality behind the AI revolution, from the low-paid workers who train algorithms to recognise cancerous polyps, to the rise of data violence and the symbiotic relationship between AI and right-wing populism.

Impassioned and timely, An Artificial Revolution is an essential primer to understand the intersection of technology and geopolitical forces shaping the future of civilisation, and the political response that will be required to ensure the protection of democracy and human rights….(More)”.

Examining the Black Box: Tools for Assessing Algorithmic Systems


Report by the Ada Lovelace Institute and DataKind UK: “As algorithmic systems become more critical to decision making across many parts of society, there is increasing interest in how they can be scrutinised and assessed for societal impact, and regulatory and normative compliance.

This report is primarily aimed at policymakers, to inform more accurate and focused policy conversations. It may also be helpful to anyone who creates, commissions or interacts with an algorithmic system and wants to know what methods or approaches exist to assess and evaluate that system…

Clarifying terms and approaches

Through literature review and conversations with experts from a range of disciplines, we’ve identified four prominent approaches to assessing algorithms that are often referred to by just two terms: algorithm audit and algorithmic impact assessment. But there is not always agreement on what these terms mean among different communities: social scientists, computer scientists, policymakers and the general public have different interpretations and frames of reference.

While there is broad enthusiasm among policymakers for algorithm audits and impact assessments, there is often lack of detail about the approaches being discussed. This stems both from the confusion of terms, but also from the different maturity of the approaches the terms describe.

Clarifying which approach we’re referring to, as well as where further research is needed, will help policymakers and practitioners to do the more vital work of building evidence and methodology to take these approaches forward.

We focus on algorithm audit and algorithmic impact assessment. For each, we identify two key approaches the terms can be interpreted as:

  • Algorithm audit
    • Bias audit: a targeted, non-comprehensive approach focused on assessing algorithmic systems for bias
    • Regulatory inspection: a broad approach, focused on an algorithmic system’s compliance with regulation or norms, necessitating a number of different tools and methods; typically performed by regulators or auditing professionals
  • Algorithmic impact assessment
    • Algorithmic risk assessment: assessing possible societal impacts of an algorithmic system before the system is in use (with ongoing monitoring often advised)
    • Algorithmic impact evaluation: assessing possible societal impacts of an algorithmic system on the users or population it affects after it is in use…(More)”.

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Responsible Data Toolkit


Andrew Young at The GovLab: “The GovLab and UNICEF, as part of the Responsible Data for Children initiative (RD4C), are pleased to share a set of user-friendly tools to support organizations and practitioners seeking to operationalize the RD4C Principles. These principles—Purpose-Driven, People-Centric, Participatory, Protective of Children’s Rights, Proportional, Professionally Accountable, and Prevention of Harms Across the Data Lifecycle—are especially important in the current moment, as actors around the world are taking a data-driven approach to the fight against COVID-19.

The initial components of the RD4C Toolkit are:

The RD4C Data Ecosystem Mapping Tool intends to help users to identify the systems generating data about children and the key components of those systems. After using this tool, users will be positioned to understand the breadth of data they generate and hold about children; assess data systems’ redundancies or gaps; identify opportunities for responsible data use; and achieve other insights.

The RD4C Decision Provenance Mapping methodology provides a way for actors designing or assessing data investments for children to identify key decision points and determine which internal and external parties influence those decision points. This distillation can help users to pinpoint any gaps and develop strategies for improving decision-making processes and advancing more professionally accountable data practices.

The RD4C Opportunity and Risk Diagnostic provides organizations with a way to take stock of the RD4C principles and how they might be realized as an organization reviews a data project or system. The high-level questions and prompts below are intended to help users identify areas in need of attention and to strategize next steps for ensuring more responsible handling of data for and about children across their organization.

Finally, the Data for Children Collaborative with UNICEF developed an Ethical Assessment that “forms part of [their] safe data ecosystem, alongside data management and data protection policies and practices.” The tool reflects the RD4C Principles and aims to “provide an opportunity for project teams to reflect on the material consequences of their actions, and how their work will have real impacts on children’s lives.

RD4C launched in October 2019 with the release of the RD4C Synthesis ReportSelected Readings, and the RD4C Principles. Last month we published the The RD4C Case Studies, which analyze data systems deployed in diverse country environments, with a focus on their alignment with the RD4C Principles. The case studies are: Romania’s The Aurora ProjectChildline Kenya, and Afghanistan’s Nutrition Online Database.

To learn more about Responsible Data for Children, visit rd4c.org or contact rd4c [at] thegovlab.org. To join the RD4C conversation and be alerted to future releases, subscribe at this link.”

Digital tools against COVID-19: Framing the ethical challenges and how to address them


Paper by Urs Gasser et al: “Data collection and processing via digital public health technologies are being promoted worldwide by governments and private companies as strategic remedies for mitigating the COVID-19 pandemic and loosening lockdown measures. However, the ethical and legal boundaries of deploying digital tools for disease surveillance and control purposes are unclear, and a rapidly evolving debate has emerged globally around the promises and risks of mobilizing digital tools for public health. To help scientists and policymakers navigate technological and ethical uncertainty, we present a typology of the primary digital public health applications currently in use. Namely: proximity and contact tracing, symptom monitoring, quarantine control, and flow modeling. For each, we discuss context-specific risks, cross-sectional issues, and ethical concerns. Finally, in recognition of the need for practical guidance, we propose a navigation aid for policymakers made up of ten steps for the ethical use of digital public health tools….(More)”.