Category Archives: Data Protection

ILPC Annual Conference and Annual Lecture 2017 Children and Digital Rights: Regulating Freedoms and Safeguards

For the special issue of the leading peer-review legal journal of Communications Law, published by Bloomsbury Publishers, with papers from the ILPC Annual Conference 2017, please see here.

ILPC Annual Conference and Annual Lecture 2017
Children and Digital Rights: Regulating Freedoms and Safeguards

The Internet provides children with more freedom to communicate, learn, create, share, and engage with society than ever before. Research by Ofcom in 2016 found that 72 percent of young teenagers in the UK have social media accounts. Twenty percent of the same group have made their own digital music and 30 percent have used the Internet for civic engagement by signing online petitions or by sharing and talking about the news.

Interacting within this connected digital world, however, also presents a number of challenges to ensuring the adequate protection of a child’s rights to privacy, freedom of expression, and safety, both online and offline. These risks range from children being unable to identify advertisements on search engines to being subjects of bullying or grooming or other types of abuse in online chat groups.

Children may also be targeted via social media platforms with methods (such as fake online identities or manipulated photos and images) specially designed to harm them or exploit their particular vulnerabilities and naivety.

These issues were the focus of the 2017 Annual Conference of the Information Law and Policy Centre (ILPC) based at the Institute of Advanced Legal Studies, University of London. The ILPC produces, promotes, and facilitates research about the law and policy of information and data, and the ways in which law both restricts and enables the sharing and dissemination of different types of information.

The ILPC’s Annual conference was one of a series of events celebrating
the 70th Anniversary of the founding of the Institute of Advanced Legal Studies. Other events included the ILPC’s Being Human Festival expert and interdisciplinary panel discussion on ‘Co-existing with HAL 9000: Being Human in a World with Artificial Intelligence’.

At the 2017 ILPC Annual Conference, leading policymakers, practitioners, regulators, key representatives from industry and civil society, and academic experts examined and debated the opportunities and challenges posed by current and future legal frameworks and the policies being used and developed to safeguard these freedoms and rights.

These leading stakeholders included Rachel Bishop, Deputy Director of Internet Policy at the Department of Digital (DCMS); Lisa Atkinson, the Information Commissioner’s Office (ICO) Head of Policy; Anna Morgan, Deputy Data Protection Commissioner of Ireland; Graham Smith, Internet law expert at Bird & Bird LLP), Renate Samson, former CEO of privacy advocacy organisation Big Brother Watch, and Simon Milner, Facebook’s Policy Director for the UK, Africa, and Middle East.

The legal systems under scrutiny included the UN Convention on the Rights of the Child and the related provisions of the UK Digital Charter, and the UK Data Protection Bill, which will implement the major reforms of the much anticipated EU General Data Protection Regulation (2016/679) (GDPR) which will soon enter into force on 25 May 2018. Key concerns expressed at the conference by delegates included the effectiveness in practice and lack of evidence-based policy for the controversial age of consent for children and their use of online information services provided for under the GDPR.

Further questions were raised with respect to what impact in practice will there be for children’s privacy, their freedom of expression, and their civil liberties as a result of the new transparency and accountability principles and mechanisms that must be implemented by industry and governments when their data processing involves the online marketing to, or monitoring, of children.

Given the importance and pertinence of these challenging and cutting-edge policy issues, the Centre is delighted that several papers, by regulators and academic experts from institutions within the UK, the EU, and beyond, which were presented, discussed, and debated at the conference’s plenary sessions and keynote panels, feature in a special issue of the leading peer-review legal journal of Communications Law, published by Bloomsbury Publishers.

This special issue also includes the Centre’s 2017 Annual Lecture delivered by one of the country’s leading children’s online rights campaigners, Baroness Beeban Kidron OBE, also a member of the House of Lords and film-maker, on ‘Are Children more than Clickbait in the 21st Century?’

For IALS podcasts of the 2017 ILPC Annual Lecture delivered by Baroness Kidron and presentations from the Annual Conference’s Keynote Panel, please see the IALS website at: http://ials.sas.ac.uk/digital/videos.

Nora Ni Loideain
Director and Lecturer in Law,
Information Law and Policy Centre,
IALS, University of London.

Annual Conference 2017 Resources

The Information Law and Policy Centre held its third annual conference on 17th November 2017. The workshop’s theme was: ‘Children and Digital Rights: Regulating Freedoms and Safeguards’.

The workshop brought together regulators, practitioners, civil society, and leading academic experts who addressed and examined the key legal frameworks and policies being used and developed to safeguard children’s digital freedoms and rights. These legislative and policy regimes include the UN Convention on the Rights of the Child, and the related provisions (such as consent, transparency, and profiling) under the UK Digital Charter, and the Data Protection Bill which will implement the EU General Data Protection Regulation.

The following resources are available online:

  • Full programme
  • Presentation: ILPC Annual Conference, Baroness Beeban Kidron (video)
  • Presentation: ILPC Annual Conference, Anna Morgan (video)
  • Presentation: ILPC Annual Conference, Lisa Atkinson (video)
  • Presentation: ILPC Annual Conference, Rachael Bishop (video)

Co-existing with HAL 9000: Being Human in a World with AI

This event will focus on the implications posed by the increasingly significant role of artificial intelligence (AI) in society and the possible ways in which humans will co-exist with AI in future, particularly the impact that this interaction will have on our liberty, privacy, and agency. Will the benefits of AI only be achieved at the expense of these human rights and values? Do current laws, ethics, or technologies offer any guidance with respect to how we should navigate this future society?

Event date:
Monday, 20 November 2017 – 5:30pm

AI trust and AI fears: A media debate that could divide society

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In this guest post, Dr Vyacheslav Polonski, Researcher, University of Oxford examines the key question of trust or fear of AI.

We are at a tipping point of a new digital divide. While some embrace AI, many people will always prefer human experts even when they’re wrong.

Unless you live under a rock, you probably have been inundated with recent news on machine learning and artificial intelligence (AI). With all the recent breakthroughs, it almost seems like AI can already predict the future. Police forces are using it to map when and where crime is likely to occur. Doctors can use it to predict when a patient is most likely to have a heart attack or stroke. Researchers are even trying to give AI imagination so it can plan for unexpected consequences.

Of course, many decisions in our lives require a good forecast, and AI agents are almost always better at forecasting than their human counterparts. Yet for all these technological advances, we still seem to deeply lack confidence in AI predictions. Recent cases show that people don’t like relying on AI and prefer to trust human experts, even if these experts are wrong.

If we want AI to really benefit people, we need to find a way to get people to trust it. To do that, we need to understand why people are so reluctant to trust AI in the first place.

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How websites watch your every move and ignore privacy settings

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In this guest post, Yijun Yu, Senior Lecturer, Department of Computing and Communications, The Open University examines the world’s top websites and their routine tracking of a user’s every keystroke, mouse movement and input into a web form – even if it’s later deleted.

Hundreds of the world’s top websites routinely track a user’s every keystroke, mouse movement and input into a web form – even before it’s submitted or later abandoned, according to the results of a study from researchers at Princeton University.

And there’s a nasty side-effect: personal identifiable data, such as medical information, passwords and credit card details, could be revealed when users surf the web – without them knowing that companies are monitoring their browsing behaviour. It’s a situation that should alarm anyone who cares about their privacy.

The Princeton researchers found it was difficult to redact personally identifiable information from browsing behaviour records – even, in some instances, when users have switched on privacy settings such as Do Not Track.

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On Internet Intermediaries – from Defamation to Directive to Data Protection

In this guest post,  Professor of Law and Innovation at Queen’s University Belfast Daithí Mac Síthigh reviews the recent Information Law and Policy Centre seminar that explored Internet intermediaries and their legal role and obligations.

Taking stock of recent developments concerning the liability and duties associated with being an Internet intermediary (especially the provision of hosting and social media services) was the theme of a recent event at the Information Law and Policy Centre. In my presentation, starting from about 20 years ago, I reviewed the early statutory interventions, including the broad protection against liability contained in US law (and the narrower shield in respect of intellectual property!), and the conditional provisions adopted by the European Union in Directive 2000/31/EC (E-Commerce Directive), alongside developments in specific areas, such as defamation. The most recent 10 years, though, have seen a trend towards specific solutions for one area of law or another (what I called ‘fragmentation’ in 2013), as well as a growing body of caselaw on liability, injunctions, and the like (both from the Court of Justice of the EU and the domestic courts).

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Transferring personal data outside the EU: Clarification from the ECJ?

In this guest post Lorna Woods, Professor of Internet Law at the University of Essex, explores the EU’s proposed Passenger Name Record (PNR) agreement with Canada. This post first appeared on the blog of Steve Peers, Professor of EU, Human Rights and World Trade Law at the University of Essex.

Opinion 1/15 EU/Canada PNR Agreement, 26th July 2017

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Submissions to the Law Commission’s consultation on ‘Official Data Protection’: British Computer Society

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The thirteenth submission in our series is the response submitted by the British Computer Society.

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/08/BCS-OSA-Final-3-May-2017.pdf”]

(Previous submissions published in this series: Open Rights GroupCFOI and Article 19The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UKNational Union of Journalists, and English Pen, Reporters Without Borders and Index on Censorship, the Open Government NetworkLorna Woods, Lawrence McNamara and Judith Townend, and Global Witness.)

Creating International Frameworks for Data Protection: New Handbook on Data Protection in Humanitarian Action

In this guest post, Dr Christopher Kuner and Massimo Marelli highlight the publication of the new ICRC/Brussels Privacy Hub handbook on data protection in humanitarian action. Christopher Kuner is professor of law and co-director of the Brussels Privacy Hub, Vrije Universiteit Brussel (VUB) and Massimo Marelli is Head of Data Protection Office at the International Committee of the Red Cross (ICRC). This post first appeared on EJIL: Talk!, the blog of the European Journal of International Law.   

Introduction

The collection and processing of personally-identifiable data is central to the work of both international organisations working in the humanitarian sector (IHOs) and non-governmental organisations (NGOs) in protecting and delivering essential aid to hundreds of millions of vulnerable individuals. With the increased adoption of new technologies in recent years, and the increased complexity of data flows and the growth in the number of stakeholders involved in the processing, there has been an increasing need for data protection guidelines that IHOs and NGOs can apply in their work. This was highlighted first in the 2013 report by Privacy International entitled: “Aiding Surveillance”, and was also recognised by the International Conference of Privacy and Data Protection Commissioners in its Resolution on Privacy and International Humanitarian Action adopted in Amsterdam in 2015 (Amsterdam Resolution).

This need has led to publication of the new Handbook on Data Protection in Humanitarian Action prepared jointly by the Data Protection Office of the International Committee of the Red Cross (ICRC) and the Brussels Privacy Hub, a research institute of the Vrije Universiteit Brussel (VUB) in Brussels. It has been drafted in consultation with stakeholders from the global data protection and international humanitarian communities, including IHOs and humanitarian practitioners, data protection authorities, academics, NGOs, and experts on relevant topics. The drafting committee for the Handbook also included the Swiss Data Protection Authority; the Office of the European Data Protection Supervisor (EDPS); the French-speaking Association of Data Protection Authorities (AFAPDP); the UN High Commissioner for Refugees (UNHCR); the International Organisation for Migration (IOM); and the International Federation of Red Cross and Red Crescent Societies (IFRC).

Content of the Handbook

The Handbook addresses questions of common concern in the application of data protection in international humanitarian action, and is addressed to staff of IHOs and NGOs who are involved in the processing of personal data, particularly those in charge of advising on and applying data protection standards. It is hoped that it may also prove useful to other parties, such as data protection authorities, private companies, and others involved in international humanitarian action. Continue reading

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: Global Witness

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The twelfth submission in our series is the response submitted by Global Witness.

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/07/GW-Letter-to-Law-Commission.pdf”]

(Previous submissions published in this series: Open Rights GroupCFOI and Article 19The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UKNational Union of Journalists, and English Pen, Reporters Without Borders and Index on Censorship, the Open Government Network, and Lorna Woods, Lawrence McNamara and Judith Townend.)