The new machinery of government: using machine technology in administrative decision-making

Curated on Posted on by Stefaan Verhulst

Report by New South Wales Ombudsman: “There are many situations in which government agencies could use appropriately-designed machine technologies to assist in the exercise of their functions, which would be compatible with lawful and appropriate conduct. Indeed, in some instances machine technology may improve aspects of good administrative conduct – such as accuracy and consistency in decision-making, as well as mitigating the risk of individual human bias.

However, if machine technology is designed and used in a way that does not accord with administrative law and associated principles of good administrative practice, then its use could constitute or involve maladministration. It could also result in legal challenges, including a risk that administrative decisions or actions may later be held by a court to have been unlawful or invalid.

The New South Wales Ombudsman was prompted to prepare this report after becoming aware of one agency (Revenue NSW) using machine technology for the performance of a discretionary statutory function (the garnisheeing of unpaid fine debts from individuals’ bank accounts), in a way that was having a significant impact on individuals, many of whom were already in situations of financial vulnerability.

The Ombudsman’s experience with Revenue NSW, and a scan of the government’s published policies on the use of artificial intelligence and other digital technologies, suggests that there may be inadequate attention being given to fundamental aspects of public law that are relevant to machine technology adoption….(More)”

Navigating Trust in Society,

Curated on Posted on by Stefaan Verhulst

Report by Coeuraj: “This report provides empirical evidence of existing levels of trust, among the US population, with regard to institutions, and philanthropy—all shaped during a time of deep polarization and a global pandemic.

The source of the data is two-fold. Firstly, a year-over-year analysis of institutional trust, as measured by Global Web Index USA from more than 20,000 respondents and, secondly, an ad-hoc nationally representative survey, conducted by one of Coeuraj’s data partners AudienceNet, in the two weeks immediately preceding the 2021 United Nations General Assembly. This report presents the core findings that emerged from both research initiatives….(More)”.

Empowering AI Leadership: AI C-Suite Toolkit

Curated on Posted on by Stefaan Verhulst

Toolkit by the World Economic Forum: “Artificial intelligence (AI) is one of the most important technologies for business, the economy and society and a driving force behind the Fourth Industrial Revolution. C-suite executives need to understand its possibilities and risks. This requires a multifaceted approach and holistic grasp of AI, spanning technical, organizational, regulatory, societal and also philosophical aspects. This toolkit provides a one-stop place for corporate executives to identify and understand the multiple and complex issues that AI raises for their business and society. It provides a practical set of tools to help them comprehend AI’s impact on their roles, ask the right questions, identify the key trade-offs and make informed decisions on AI strategy, projects and implementations…(More)”.

Law Enforcement and Technology: Using Social Media

Curated on Posted on by Stefaan Verhulst

Congressional Research Service Report: “As the ways in which individuals interact continue to evolve, social media has had an increasing role in facilitating communication and the sharing of content online—including moderated and unmoderated, user-generated content. Over 70% of U.S. adults are estimated to have used social media in 2021. Law enforcement has also turned to social media to help in its operations. Broadly, law enforcement relies on social media as a tool for information sharing as well as for gathering information to assist in investigations.


Social Media as a Communications Tool. Social media is one of many tools law enforcement can use to connect with the community. They may use it, for instance, to push out bulletins on wanted persons and establish tip lines to crowdsource potential investigative leads. It provides degrees of speed and reach unmatched by many other forms of communication law enforcement can use to connect with the public. Officials and researchers have highlighted social media as a tool that, if used properly, can enhance community policing.

Social Media and Investigations. Social media is one tool in agencies’ investigative toolkits to help establish investigative leads and assemble evidence on potential suspects. There are no federal laws that specifically govern law enforcement agencies’ use of information obtained from social media sites, but their ability to obtain or use certain information may be influenced by social media companies’ policies as well as law enforcement agencies’ own social media policies and the rules of criminal procedure. When individuals post content on social media platforms without audience restrictions, anyone— including law enforcement—can access this content without court authorization. However, some information that individuals post on social media may be restricted—by user choice or platform policies—in the scope of audience that may access it. In the instances where law enforcement does not have public access to information, they may rely on a number of tools and techniques, such as informants or undercover operations, to gain access to it. Law enforcement may also require social media platforms to provide access to certain restricted information through a warrant, subpoena, or other court order.

Social Media and Intelligence Gathering. The use of social media to gather intelligence has generated particular interest from policymakers, analysts, and the public. Social media companies have weighed in on the issue of social media monitoring by law enforcement, and some platforms have modified their policies to expressly prohibit their user data from being used by law enforcement to monitor social media. Law enforcement agencies themselves have reportedly grappled with the extent to which they should gather and rely on information and intelligence gleaned from social media. For instance, some observers have suggested that agencies may be reluctant to regularly analyze public social media posts because that could be viewed as spying on the American public and could subsequently chill free speech protected under the First Amendment…(More)”.

Legal study on Government access to data in third countries

Curated on Posted on by Stefaan Verhulst

Report commissioned by the European Data Protection Board: “The present report is part of a study analysing the implications for the work of the European Union (EU)/ European Economic Area (EEA) data protection supervisory authorities (SAs) in relation to transfers of personal data to third countries after the Court of Justice of the European Union (CJEU) judgment C- 311/18 on Data Protection Commissioner v. Facebook Ireland Ltd, Maximilian Schrems (Schrems II). Data controllers and processors may transfer personal data to third countries or international organisations only if the controller or processor has provided appropriate safeguards, and on the condition that enforceable data subject rights and effective legal remedies for data subjects are available.

Whereas it is the primary responsibility of data exporters and data importers to assess that the legislation of the country of destination enables the data importer to comply with any of the appropriate safeguards, SAs will play a key role when issuing further decisions on transfers to third countries. Hence, this report provides the European Data Protection Board (EDPB) and the SAs in the EEA/EU with information on the legislation and practice in China, India and Russia on their governments’ access to personal data processed by economic operators. The report contains an overview of the relevant information in order for the SAs to assess whether and to what extent legislation and practices in the abovementioned countries imply massive and/or indiscriminate access to personal data processed by economic operators…(More)”.

Interoperable, agile, and balanced

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Brookings Paper on Rethinking technology policy and governance for the 21st century: “Emerging technologies are shifting market power and introducing a range of risks that can only be managed through regulation. Unfortunately, current approaches to governing technology are insufficient, fragmented, and lack the focus towards actionable goals. This paper proposes three tools that can be leveraged to support fit-for-purpose technology regulation for the 21st century: First, a transparent and holistic policymaking levers that clearly communicate goals and identify trade-offs at the national and international levels; second, revamped efforts to collaborate across jurisdictions, particularly through standard-setting and evidence gathering of critical incidents across jurisdictions; and third, a shift towards agile governance, whether acquired through the system, design, or both…(More)”.

Shaping a Just Digital Transformation: Development Co-operation Report 2021

Curated on Posted on by Stefaan Verhulst

OECD Report: “Digital transformation is revolutionising economies and societies with rapid technological advances in AI, robotics and the Internet of Things. Low- and middle-income countries are struggling to gain a foothold in the global digital economy in the face of limited digital capacity, skills, and fragmented global and regional rules. Political stability, democracy, human rights and equality also risk being undermined by weak governance and the abuse of digital technology.

The 2021 edition of the Development Co-operation Report makes the case for choosing to hardwire inclusion into digital technology processes, and emerging norms and standards. Providing the latest evidence and policy analysis from experts in national governments, international organisations, academia, business and civil society, the report equips international development organisations with the latest guidance and good practices that put people and the sustainable development goals at the centre of digital transformation…(More)”.

Mapping data portability initiatives, opportunities and challenges

Curated on Posted on by Stefaan Verhulst

OECD Report: “Data portability has become an essential tool for enhancing access to and sharing of data across digital services and platforms. This report explores to what extent data portability can empower users (natural and legal persons) to play a more active role in the re-use of their data across digital services and platforms. It also examines how data portability can help increase interoperability and data flows and thus enhance competition and innovation by reducing switching costs and lock-in effects….(More)”.

Expanding Mobility: The Power of Linked Administrative Data and Integrated Data Systems

Curated on Posted on by Stefaan Verhulst

Brief by Della Jenkins and Emily Berkowitz: “This brief describes how linking administrative data can expand traditional measures of mobility for research and action, provides examples of the types of economic mobility research questions that are only answerable using linked administrative data, and describes how analysis can be deepened using spatial and multi-generational perspectives. In addition, we discuss how the field of economic mobility research benefits when state and local governments are resourced to build systems that enable routine reuse of linked data. Finally, we end with a summary of the opportunities that exist to build on data capacity already developed by state and local governments across the US to better understand the policies that support pathways out of poverty. Now more than ever, governments, research partners, and stakeholders can come together to make use of the data already collected by social service programs to generate evidence-based approaches to expanding mobility…(More)”

The argument against property rights in data

Curated on Posted on by Stefaan Verhulst

Report by Open Future: “25 years after the adoption of the Database Directive, there is mounting evidence that the introduction of the sui generis right did not lead to increased data access and use–instead, an additional intellectual property layer became one more obstacle.

Today, the European Commission, as it drafts the new Data Act, faces a fundamental choice both regarding the existing sui generis database rights and the introduction of a similar right to raw, machine-generated data. There is a risk that an approach that treats data as property will be further strengthened through a new data producer’s right. The idea of such a new exclusive right was introduced by the European Commission in 2017. This proposed right was to be based on the same template as the sui generis database right. 

A new property right will not secure the goals defined in the European data strategy: those of ensuring access and use of data, in a data economy built around common data spaces. Instead, they will strengthen existing monopolies in the data economy. 

Instead of introducing new property rights, greater access to and use of data should be achieved by introducing–in the Data Act, and in other currently debated legal acts–access rights that treat data as a commons. 

In this policy brief, we present the current policy debate on access and use of data, as well as the history of proposals for property rights in data – including the sui generis database right. We present arguments against the introduction of new property rights, and in favor of strengthening data access rights….(More)”.