Data governance: a Royal Society and British Academy project


Call for Evidence from The British Academy and the Royal Society: “…The project seeks to make recommendations for cross-sectoral governance arrangements that can ensure the UK remains a world leader in this area. The project will draw on scholars and scientists from across disciplines and will look at current and historical case studies of data governance, and of broader technology governance, from a range of countries and sectors. It will seek to enable connected debate by creating common frameworks to move debates on data governance forward.

Background

It is essential to get the best possible environment for the safe and rapid use of data in order to enhance UK’s wellbeing, security and economic growth. The UK has world class academic expertise in data science, in ethics and aspects other of governance; and it has a rapidly growing tech sector and there is a real opportunity for the UK to lead internationally in creating insights and mechanisms for enabling the new data sciences to benefit society.

While there are substantial arrangements in place for the safe use of data in the UK, these inevitably were designed early in the days of information technology and tend to rest on outdated notions of privacy and consent. In addition, newer considerations such as statistical stereotyping and bias in datasets, and implications for the freedom of choice, autonomy and equality of opportunity of individuals, come to the fore in this new technological context, as do transparency, accountability and openness of decision making.

Terms of Reference

The project seeks to:

  • Identify the communities with interests in the governance of data and its uses, but which may be considering these issues in different contexts and with varied aims and assumptions, in order to facilitate dialogue between these communities. These include academia, industry and the public sector.
  • Clarify where there are connections between different debates, identifying shared issues and common questions, and help to develop a common framework and shared language for debate.
  • Identify which social, ethical and governance challenges arise in the context of developments in data use.
  • Set out the public interests at stake in governance of data and its uses, and the relationships between them, and how the principles of responsible research and innovation (RRI) apply in the context of data use.
  • Make proposals for the UK to establish a sustained and flexible platform for debating issues of data governance, developing consensus about future legal and technical frameworks, and ensuring that learning and good practice spreads as fast as possible….(More)”

Entrepreneurial and Innovative Practices in Public Institutions: A Quality of Life Approach


Book by Leitão, João and Alves, Helena: This volume discusses the importance of adopting entrepreneurial and innovation practices in the public sector, as mechanisms for detecting, dealing with and including citizens’ social needs, with a reflection on positive determination of their quality of life. It focuses on critical reflection and rethinking the articulation between the dimensions of transformation – entrepreneurship and innovation – of New Public Management (NPM). In this way the book contributes to deepening knowledge about the implications of this change in the organizational paradigm of the public sector for citizens’ quality of life, which is treated multi-dimensionally here, including citizens’ well-being, purchasing power, happiness, trust, safety, experience and satisfaction.
The volume constitutes a reference guide for decision makers, managers and policy makers engaged in the public sector who want to differentiate their performance by fostering entrepreneurial and innovative practices in the scope of public administration that can enhance citizens’ quality of life. This volume is also a reference guide for scholars, policy makers and practitioners interested on public innovation….(More)”

The government technology pitch


 at TechCrunch: “Crisis has a history of dictating government technology disruption. We’ve seen this with the anticipation of Soviet Union aerospace and military dominance that sparked the emergence of DARPA, as well as with the response to 9/11 and subsequent establishment of the U.S. Department of Homeland Security.

And, of course, there’s the ongoing, seemingly invisible crisis around security that’s expediting an infusion of public sector funding, particularly in the wake of the U.S. Office of Personnel Management breach that exposed the personal records of millions of federal employees and government contractors.

The Healthcare.gov launch debacle is the most recent and referenced example of crisis spawning government technology progress. The federal government woke to the issues surrounding outdated digital practices — from procurement to technical — and quickly launched two startups of its own: 18F and the U.S. Digital Service (USDS).

The failings of Healthcare.gov and subsequent creation of 18F and USDS has inspired others — such as the state of California, large cities and local governments — to fund a surge in attention to digital — from web to data to security — to address outdated technologies powering the technological infrastructure that runs our governments.

But innovators don’t wait for crises.

They imagine a different path, whether it’s a new approach to solving an old problem or a moonshot that leapfrogs business as usual. They observe the world, realize potential and fund and build engines of change — and forward-thinking, optimistic entrepreneurs and investors are starting to do this with government technology….(More)”

Data for Policy: Data Science and Big Data in the Public Sector


Innar Liiv at OXPOL: “How can big data and data science help policy-making? This question has recently gained increasing attention. Both the European Commission and the White House have endorsed the use of data for evidence-based policy making.

Still, a gap remains between theory and practice. In this blog post, I make a number of recommendations for systematic development paths.

RESEARCH TRENDS SHAPING DATA FOR POLICY

‘Data for policy’ as an academic field is still in its infancy. A typology of the field’s foci and research areas are summarised in the figure below.

 

diagram1

 

Besides the ‘data for policy’ community, there are two important research trends shaping the field: 1) computational social science; and 2) the emergence of politicised social bots.

Computational social science (CSS) is an new interdisciplinary research trend in social science, which tries to transform advances in big data and data science into research methodologies for understanding, explaining and predicting underlying social phenomena.

Social science has a long tradition of using computational and agent-based modelling approaches (e.g.Schelling’s Model of Segregation), but the new challenge is to feed real-life, and sometimes even real-time information into those systems to get gain rapid insights into the validity of research hypotheses.

For example, one could use mobile phone call records to assess the acculturation processes of different communities. Such a project would involve translating different acculturation theories into computational models, researching the ethical and legal issues inherent in using mobile phone data and developing a vision for generating policy recommendations and new research hypothesis from the analysis.

Politicised social bots are also beginning to make their mark. In 2011, DARPA solicited research proposals dealing with social media in strategic communication. The term ‘political bot’ was not used, but the expected results left no doubt about the goals…

The next wave of e-government innovation will be about analytics and predictive models.  Taking advantage of their potential for social impact will require a solid foundation of e-government infrastructure.

The most important questions going forward are as follows:

  • What are the relevant new data sources?
  • How can we use them?
  • What should we do with the information? Who cares? Which political decisions need faster information from novel sources? Do we need faster information? Does it come with unanticipated risks?

These questions barely scratch the surface, because the complex interplay between general advancements of computational social science and hovering satellite topics like political bots will have an enormous impact on research and using data for policy. But, it’s an important start….(More)”

Situation vacant: technology triathletes wanted


Anne-Marie Slaughter in the Financial Times: “It is time to celebrate a new breed of triathletes, who work in technology. When I was dean in the public affairs school at Princeton, I would tell students to aim to work in the public, private and civic sectors over the course of their careers.

Solving public problems requires collaboration among government, business and civil society. Aspiring problem solvers need the culture and language of all three sectors and to develop a network of contacts in each.

The public problems we face, in the US and globally, require lawyers, economists and issue experts but also technologists. A lack of technologists capable of setting up HealthCare.gov, a website designed to implement the Affordable Care act, led President Barack Obama to create the US Digital Service, which deploys Swat tech teams to address specific problems in government agencies.

But functioning websites that deliver government services effectively are only the most obvious technological need for the public sector.

Government can reinvent how it engages with citizens entirely, for example by personalising public education with digital feedback or training jobseekers. But where to find the talent? The market for engineers, designers and project managers sees big tech companies competing for graduates from the world’s best universities.

Governments can offer only a fraction of those salaries, combined with a rigid work environment, ingrained resistance to innovation and none of the amenities and perks so dear to Silicon Valley .

Government’s comparative advantage, however, is mission and impact, which is precisely what Todd Park sells…Still, demand outstrips supply. ….The goal is to create an ecosystem for public interest technology comparable to that in public interest law. In the latter, a number of American philanthropists created role models, educational opportunities and career paths for aspiring lawyers who want to change the world.

That process began in the 1960s, and today every great law school has a public interest programme with scholarships for the most promising students. Many branches of government take on top law school graduates. Public interest lawyers coming out of government find jobs with think-tanks and advocacy organisations and take up research fellowships, often at the law schools that educated them. When they need to pay the mortgage or send their kids to college, they can work at large law firms with pro bono programmes….We need much more. Every public policy school at a university with a computer science, data science or technology design programme should follow suit. Every think-tank should also become a tech tank. Every non-governmental organisation should have at least one technologist on staff. Every tech company should have a pro bono scheme rewarding public interest work….(More)”

25 Years Later, What Happened to ‘Reinventing Government’?


 at Governing: “…A generation ago, governments across the United States embarked on ambitious efforts to use performance measures to “reinvent” how government worked. Much of the inspiration for this effort came from the bestselling 1992 book Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector by veteran city manager Ted Gaebler and journalist David Osborne. Gaebler and Osborne challenged one of the most common complaints about public administration — that government agencies were irredeemably bureaucratic and resistant to change. The authors argued that that need not be the case. Government managers and employees could and should, the authors wrote, be as entrepreneurial as their private-sector counterparts. This meant embracing competition; measuring outcomes rather than inputs or processes; and insisting on accountability.

For public-sector leaders, Gaebler and Osborne’s book was a revelation. “I would say it has been the most influential book of the past 25 years,” says Robert J. O’Neill Jr., the executive director of the International City/County Management Association (ICMA). At the federal level, Reinventing Government inspired Vice President Al Gore’s National Performance Review. But it had its greatest impact on state and local governments. Public-sector officials across the country read Reinventing Government and ingested its ideas. Osborne joined the consulting firm Public Strategies Group and began hiring himself out as an adviser to governments.

There’s no question states and localities function differently today than they did 25 years ago. Performance management systems, though not universally beloved, have become widespread. Departments and agencies routinely measure customer satisfaction. Advances in information technology have allowed governments to develop and share outcomes more easily than ever before. Some watchdog groups consider linking outcomes to budgets — also known as performance-based budgeting — to be a best practice. Government executives in many places talk about “innovation” as if they were Silicon Valley executives. This represents real, undeniable change.

Yet despite a generation of reinvention, government is less trusted than ever before. Performance management systems are sometimes seen not as an instrument of reform but as an obstacle to it. Performance-based budgeting has had successes, but they have rarely been sustained. Some of the most innovative efforts to improve government today are pursuing quite different approaches, emphasizing grassroots employee initiatives rather than strict managerial accountability. All of this raises a question: Has the reinventing government movement left a legacy of greater effectiveness, or have the systems it generated become roadblocks that today’s reformers must work around?  Or is the answer somehow “yes” to both of those questions?

Reinventing Government presented dozens of examples of “entrepreneurial” problem-solving, organized into 10 chapters. Each chapter illustrated a theme, such as results-oriented government or enterprising government. This structure — concrete examples grouped around larger themes — reflected the distinctive sensibilities of each author. Gaebler, as a city manager, had made a name for himself by treating constraints such as funding shortfalls or bureaucratic rules as opportunities. His was a bottom-up, let-a-hundred-flowers-bloom sensibility. He wanted his fellow managers to create cultures where risks could be taken and initiative could be rewarded.

Osborne, a journalist, was more of a systematizer, drawn to sweeping ideas. In his previous book, Laboratories of Democracy, he had profiled six governors who he believed were developing new approaches for delivering services that constituted a “third way” between big government liberalism and anti-government conservatism.Reinventing Government suggested how that would work in practice. It also offered readers a daring and novel vision of what government’s core mission should be. Government, the book argued, should focus less on operating programs and more on overseeing them. Instead of “rowing” (stressing administrative detail), senior public officials should do more “steering” (concentrating on overall strategy). They should contract out more, embrace competition and insist on accountability. This aspect of Osborne’s thinking became more pronounced as time went by.

“Today we are well beyond the experimental approach,” Osborne and Peter Hutchinson, a former Minnesota finance commissioner, wrote in their 2004 book, The Price of Government: Getting the Results We Need in an Age of Permanent Fiscal Crisis. A decade of experience had produced a proven set of strategies, the book continued. The foremost should be to turn the budget process “on its head, so that it starts with the results we demand and the price we are willing to pay rather than the programs we have and the costs they incur.” In other words, performance-based budgeting. Then, they continued, “we must cut government down to its most effective size and shape, through strategic reviews, consolidation and reorganization.”

Assessing the influence and efficacy of these ideas is difficult. According to the U.S. Census, the United States has 90,106 state and local governments. Tens of thousands of public employees read Reinventing Government and the books that followed. Surveys have shown that the use of performance measurement systems is widespread across state, county and municipal government. Yet only a handful of studies have sought to evaluate systematically the impact of Reinventing Government’s core ideas. Most have focused on just one, the idea highlighted in The Price of Government: budgeting for outcomes.

To evaluate the reinventing government movement primarily by assessing performance-based budgeting might seem a bit narrow. But paying close attention to the budgeting process is the key to understanding the impact of the entire enterprise. It reveals the difficulty of sustaining even successful innovations….

“Reinventing government was relatively blind to the role of legislatures in general,” says University of Maryland public policy professor and Governing columnist Donald F. Kettl. “There was this sense that the real problem was that good people were trapped in a bad system and that freeing administrators to do what they knew how to do best would yield vast improvements. What was not part of the debate was the role that legislatures might have played in creating those constraints to begin with.”

Over time, a pattern emerged. During periods of crisis, chief executives were able to implement performance-based budgeting. Often, it worked. But eventually legislatures pushed back….

There was another problem. Measuring results, insisting on accountability — these were supposed to spur creative problem-solving. But in practice, says Blauer, “whenever the budget was invoked in performance conversations, it automatically chilled innovative thinking; it chilled engagement,” she says. Agencies got defensive. Rather than focusing on solving hard problems, they focused on justifying past performance….

The fact that reinventing government never sparked a revolution puzzles Gaebler to this day. “Why didn’t more of my colleagues pick it up and run with it?” he asks. He thinks the answer may be that many public managers were simply too risk-averse….(More)”.

How Big Data Analytics is Changing Legal Ethics


Renee Knake at Bloomberg Law: “Big data analytics are changing how lawyers find clients, conduct legal research and discovery, draft contracts and court papers, manage billing and performance, predict the outcome of a matter, select juries, and more. Ninety percent of corporate legal departments, law firms, and government lawyers note that data analytics are applied in their organizations, albeit in limited ways, according to a 2015 survey. The Legal Services Corporation, the largest funder of civil legal aid for low-income individuals in the United States, recommended in 2012 that all states collect and assess data on case progress/outcomes to improve the delivery of legal services. Lawyers across all sectors of the market increasingly recognize how big data tools can enhance their work.

A growing literature advocates for businesses and governmental bodies to adopt data ethics policies, and many have done so. It is not uncommon to find data-use policies prominently displayed on company or government websites, or required a part of a click-through consent before gaining access to a mobile app or webpage. Data ethics guidelines can help avoid controversies, especially when analytics are used in potentially manipulative or exploitive ways. Consider, for example, Target’s data analytics that uncovered a teen’s pregnancy before her father did, or Orbitz’s data analytics offered pricier hotels to Mac users. These are just two of numerous examples in recent years where companies faced criticism for how they used data analytics.

While some law firms and legal services organizations follow data-use policies or codes of conduct, many do not. Perhaps this is because the legal profession was not transformed as early or rapidly as other industries, or because until now, big data in legal was largely limited to e-discovery, where the data use is confined to the litigation and is subject to judicial oversight. Another reason may be that lawyers believe their rules of professional conduct provide sufficient guidance and protection. Unlike other industries, lawyers are governed by a special code of ethical obligations to clients, the justice system, and the public. In most states, this code is based in part upon the American Bar Association (ABA) Model Rules of Professional Conduct, though rules often vary from jurisdiction to jurisdiction. Several of the Model Rules are relevant to big data use. That said, the Model Rules are insufficient for addressing a number of fundamental ethical concerns.

At the moment, legal ethics for big data analytics is at best an incomplete mix of professional conduct rules and informal policies adopted by some, but not all law practices. Given the increasing prevalence of data analytics in legal services, lawyers and law students should be familiar not only with the relevant professional conduct rules, but also the ethical questions left unanswered. Listed below is a brief summary of both, followed by a proposed legal ethics agenda for data analytics. …

Questions Unanswered by Lawyer Ethics Rules 

Access/Ownership. Who owns the original data — the individual source or the holder of the pooled information? Who owns the insights drawn from its analysis? Who should receive access to the data compilation and the results?

Anonymity/Identity. Should all personally identifiable or sensitive information be removed from the data? What protections are necessary to respect individual autonomy? How should individuals be able to control and shape their electronic identity?

Consent. Should individuals affirmatively consent to use of their personal data? Or is it sufficient to provide notice, perhaps with an opt-out provision?

Privacy/Security. Should privacy be protected beyond the professional obligation of client confidentiality? How should data be secured? The ABA called upon private and public sector lawyers to implement cyber-security policies, including data use, in a 2012resolution and produced a cyber-security handbook in 2013.

Process. How involved should lawyers be in the process of data collection and analysis? In the context of e-discovery, for example, a lawyer is expected to understand how documents are collected, produced, and preserved, or to work with a specialist. Should a similar level of knowledge be required for all forms of data analytics use?

Purpose. Why was the data first collected from individuals? What is the purpose for the current use? Is there a significant divergence between the original and secondary purposes? If so, is it necessary for the individuals to consent to the secondary purpose? How will unintended consequences be addressed?

Source. What is the source of the data? Did the lawyer collect it directly from clients, or is the lawyer relying upon a third-party source? Client-based data is, of course, subject to the lawyer’s professional conduct rules. Data from any source should be trustworthy, reasonable, timely, complete, and verifiable….(More)”

Stop the privatization of health data


John T. Wilbanks & Eric J. Topol in Nature: “Over the past year, technology titans including Google, Apple, Microsoft and IBM have been hiring leaders in biomedical research to bolster their efforts to change medicine….

In many ways, the migration of clinical scientists into technology corporations that are focused on gathering, analysing and storing information is long overdue. Because of the costs and difficulties of obtaining data about health and disease, scientists conducting clinical or population studies have rarely been able to track sufficient numbers of patients closely enough to make anything other than coarse predictions. Given such limitations, who wouldn’t want access to Internet-scale, multidimensional health data; teams of engineers who can build sensors for data collection and algorithms for analysis; and the resources to conduct projects at scales and speeds unthinkable in the public sector?

Yet there is a major downside to monoliths such as Google or smaller companies such as consumer-genetics firm 23andMe owning health data — or indeed, controlling the tools and methods used to match people’s digital health profiles to specific services.

Digital profiling in other contexts is already creating what has been termed a ‘black box’ society. Online adverts are tailored to people’s age, location, spending and browsing habits. Certain retail services have preferentially been made available only to particular groups of people. And law enforcers are being given tools to help them make sentencing decisions that cannot be openly assessed (see go.nature.com/29umpu1). This is all thanks to the deliberately hidden collection and manipulation of personal data.

If undisclosed algorithmic decision-making starts to incorporate health data, the ability of black-box calculations to accentuate pre-existing biases in society could greatly increase. Crucially, if the citizens being profiled are not given their data and allowed to share the information with others, they will not know about incorrect or discriminatory health actions — much less be able to challenge them. And most researchers won’t have access to such health data either, or to the insights gleaned from them….(More)”

Sustainable Business Models for Public Sector Open Data Providers


Frederika Welle Donker and Bastiaan van Loenen in the Journal of eDemocracy and Open Government: “Since 2009, Open Government Data initiatives have been launched worldwide and the concept of open data is gaining momentum. Open data are often associated with realizing ambitions, such as a more transparent and efficient government, solving societal problems and increased economic value. However, between proposing an open data policy and successful implementation are some practicable obstacles, especially for government agencies required to generate sufficient revenue to cover their operating costs, so-called self-funding agencies. With lost revenue due to open data, there is a real risk that the update frequency and the quality of data may suffer or that the open data policy may even have to be reversed. This article has researched the financial effects of open data policies for self-funding agencies on their business model. The article provides some hands-on proposals for self-funding agencies having to implement an open data policy whilst ensuring their long-term sustainability….(More)”

Datavores of Local Government


Tom Symons at NESTA: “How data can help councils provide more personalised, effective and efficient services.

Key findings

  • After years of hype and little delivery, councils are now using big and small data in a range of innovative ways to improve decision making and inform public service transformation.
  • Emerging trends in the use of data include predictive algorithms, mass data integration across the public sector, open data and smart cities.
  • We identify seven ways in which councils can get more value from the data they hold.

What does the data revolution mean for councils and local public services? Local government collects huge amounts of data, about everything from waste collection to procurement processes to care services for some of the most vulnerable people in society. By using council data better, is there potential to make these services more personalised, more effective and more efficient?

Nesta’s Local Datavores research programme aims to answer this question. Where, how and to what extent can better data use can help councils to achieve their strategic objectives? This report is the first in a series, aimed primarily at helping local public sector staff, from senior commissioners through to frontline professionals, get more value from the data they hold….(More)”-