Algorithmic Suspicion and Big Data Searches

2020 ◽  
pp. 118-135
Author(s):  
Sarah Brayne

This chapter assesses how existing legal frameworks are anachronistic and inadequate for governing police work in the age of big data. There is now a burgeoning body of legal scholarship analyzing the legal implications of big data policing, yet it is largely theoretical. By grounding legal debates about police use of data in empirical detail, the chapter makes the case that basic legal principles are inadequate not simply because they are anachronistic, but also because the legal debates are too narrow. There are a number of ways legal frameworks are overlooking the social side of big data. First, the way the conceptual categories that underpin legal doctrine—like individualized suspicion—are deployed and organized to make normative assessments do not reflect how decision-making plays out on the ground. Second, police are not simply scaling up data collection in the digital age; rather, different kinds of data are being produced. Despite the fact that there is a difference in kind—rather than just degree—old legal doctrine is still being laid on top of these data. Third, relying on extant legal mechanisms like the exclusionary rule involves using what is meant to be a check on state power at one point in time and space, whereas data is fundamentally social and, as such, has a life course. Fourth, unfettered big data policing creates new opportunities for information asymmetries and can threaten due process through a practice called “parallel construction.”

Data Mining ◽  
2011 ◽  
pp. 395-420 ◽  
Author(s):  
Jack S. Cook ◽  
Laura L. Cook

This chapter highlights both the positive and negative aspects of Data Mining (DM). Specifically, the social, ethical, and legal implications of DM are examined through recent case law, current public opinion, and small industry-specific examples. There are many issues concerning this topic. Therefore, the purpose of this chapter is to expose the reader to some of the more interesting ones and provide insight into how information systems (IS) professionals and businesses may protect themselves from the negative ramifications associated with improper use of data. The more experience with and exposure to social, ethical, and legal concerns with respect to DM, the better prepared you will be to prevent trouble down the road.


2002 ◽  
Vol 20 (1) ◽  
pp. 29-51 ◽  
Author(s):  
Ida Elisabeth Koch

The article seeks to get closer to an understanding of the legal implications of the notion of the indivisibility of human rights as distinct from the philosophical implications. While the first part of the article (Sections I-IV) deals with the notion of indivisibility in a general way by discussing possible interpretations and legal principles for pursuing an integrated human rights approach, the second part of the article (Sections V-VIII) deals with indivisibility in the concrete context of deprivation of liberty for medical or social reasons. Despite increased awareness of the possibilities of an integrated human rights approach, the European Court of Human Rights has in this particular context been reluctant to accept a blurred dividing line between social and civil rights. By emphasising the close connection between the existence of treatment and the duration of the confinement, the article, however, argues that fulfilment of the civil right to personal liberty is dependent on recognition of the interdependence between social rights and civil rights. Even though social and civil rights have been separated into two conventions proportionality and teleological considerations lead to the conclusion that the (social) right to treatment ought to be considered an integrated component of the (civil) right to personal liberty.


Author(s):  
Oleksii Chepov ◽  

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  

Abstract Countries have a wide range of lifestyles, environmental exposures and different health(care) systems providing a large natural experiment to be investigated. Through pan-European comparative studies, underlying determinants of population health can be explored and provide rich new insights into the dynamics of population health and care such as the safety, quality, effectiveness and costs of interventions. Additionally, in the big data era, secondary use of data has become one of the major cornerstones of digital transformation for health systems improvement. Several countries are reviewing governance models and regulatory framework for data reuse. Precision medicine and public health intelligence share the same population-based approach, as such, aligning secondary use of data initiatives will increase cost-efficiency of the data conversion value chain by ensuring that different stakeholders needs are accounted for since the beginning. At EU level, the European Commission has been raising awareness of the need to create adequate data ecosystems for innovative use of big data for health, specially ensuring responsible development and deployment of data science and artificial intelligence technologies in the medical and public health sectors. To this end, the Joint Action on Health Information (InfAct) is setting up the Distributed Infrastructure on Population Health (DIPoH). DIPoH provides a framework for international and multi-sectoral collaborations in health information. More specifically, DIPoH facilitates the sharing of research methods, data and results through participation of countries and already existing research networks. DIPoH's efforts include harmonization and interoperability, strengthening of the research capacity in MSs and providing European and worldwide perspectives to national data. In order to be embedded in the health information landscape, DIPoH aims to interact with existing (inter)national initiatives to identify common interfaces, to avoid duplication of the work and establish a sustainable long-term health information research infrastructure. In this workshop, InfAct lays down DIPoH's core elements in coherence with national and European initiatives and actors i.e. To-Reach, eHAction, the French Health Data Hub and ECHO. Pitch presentations on DIPoH and its national nodes will set the scene. In the format of a round table, possible collaborations with existing initiatives at (inter)national level will be debated with the audience. Synergies will be sought, reflections on community needs will be made and expectations on services will be discussed. The workshop will increase the knowledge of delegates around the latest health information infrastructure and initiatives that strive for better public health and health systems in countries. The workshop also serves as a capacity building activity to promote cooperation between initiatives and actors in the field. Key messages DIPoH an infrastructure aiming to interact with existing (inter)national initiatives to identify common interfaces, avoid duplication and enable a long-term health information research infrastructure. National nodes can improve coordination, communication and cooperation between health information stakeholders in a country, potentially reducing overlap and duplication of research and field-work.


Author(s):  
Cleidson R.B. de Souza ◽  
Fernando Figueira Filho ◽  
Müller Miranda ◽  
Renato Pina Ferreira ◽  
Christoph Treude ◽  
...  

Urban Studies ◽  
2021 ◽  
pp. 004209802098100
Author(s):  
Mark Ellison ◽  
Jon Bannister ◽  
Won Do Lee ◽  
Muhammad Salman Haleem

The effective, efficient and equitable policing of urban areas rests on an appreciation of the qualities and scale of, as well as the factors shaping, demand. It also requires an appreciation of the factors shaping the resources deployed in their address. To this end, this article probes the extent to which policing demand (crime, anti-social behaviour, public safety and welfare) and deployment (front-line resource) are similarly conditioned by the social and physical urban environment, and by incident complexity. The prospect of exploring policing demand, deployment and their interplay is opened through the utilisation of big data and artificial intelligence and their integration with administrative and open data sources in a generalised method of moments (GMM) multilevel model. The research finds that policing demand and deployment hold varying and time-sensitive association with features of the urban environment. Moreover, we find that the complexities embedded in policing demands serve to shape both the cumulative and marginal resources expended in their address. Beyond their substantive policy relevance, these findings serve to open new avenues for urban criminological research centred on the consideration of the interplay between policing demand and deployment.


Author(s):  
Moska Sial ◽  
Manavi Purohit ◽  
Matan Bone

Abstract The coronavirus 2019 (SARS-Cov-2) pandemic has proven to be a disaster in need of controlling. The disease has taken its toll on universities; as a consequence, universities must prepare their campuses in such a way that will reduce SARS-Cov-2 cases and ensure the safety of their students. This is why it is necessary to critically assess the risks involved in reopening university campuses. This letter to the editor highlights the importance of the social side of student life on campus, and how it might affect the precautions put in place to reduce SARS-Cov-2 transmission. Furthermore, this letter is proposing potential courses of action for universities to take during the pandemic, this forthcoming academic year. The ability of universities to contain the spread of the virus is limited, as they lack control over social interactions outside of campus. We discuss the multifaceted approach needed to educate students about off-campus transmission allowing the prevention of SARS-Cov-2 transmission.


2021 ◽  
Vol 10 (2) ◽  
pp. 36
Author(s):  
Michael Weinhardt

While big data (BD) has been around for a while now, the social sciences have been comparatively cautious in its adoption for research purposes. This article briefly discusses the scope and variety of BD, and its research potential and ethical implications for the social sciences and sociology, which derive from these characteristics. For example, BD allows for the analysis of actual (online) behavior and the analysis of networks on a grand scale. The sheer volume and variety of data allow for the detection of rare patterns and behaviors that would otherwise go unnoticed. However, there are also a range of ethical issues of BD that need consideration. These entail, amongst others, the imperative for documentation and dissemination of methods, data, and results, the problems of anonymization and re-identification, and the questions surrounding the ability of stakeholders in big data research and institutionalized bodies to handle ethical issues. There are also grave risks involved in the (mis)use of BD, as it holds great value for companies, criminals, and state actors alike. The article concludes that BD holds great potential for the social sciences, but that there are still a range of practical and ethical issues that need addressing.


2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 327-327
Author(s):  
Stefan Hopf

Abstract Modern societies can be regarded as service economies, consequently accessing services is an essential part of social and economic participation. Direct and indirect indiscrimination act as barriers to accessing and using services and one way to address these barriers is to implement anti-discrimination legislation and policy. From a sociological point of view, such policies and legal frameworks can be described as elements of the social discourse in these areas. These texts, along with their implicit and explicit interpretations of the problem, represent the official and legitimised stake of the socially available stock of knowledge of what constitutes age discrimination. Hence the shape and contribute to the general understanding of age discrimination. The study aims to investigate the interpretation patterns offered by the “supply” side, that is by those actors who in their work refer to but also (re-) shape and disseminate the problem interpretation contained in the official texts. To address this aim, focus groups with stakeholders and semi-structured interviews with legal and policy experts were conducted in Austria and Ireland. The findings highlight that experts and stakeholders’ definitions of age discrimination usually extend past legal and policy concepts. The expert and stakeholder approaches differ in their starting points for describing the problem, ranging from vulnerability considerations to human rights-based concepts and more structurally orientated needs-based criteria. Finally, the analysis also reveals a central distinguishing feature of age discrimination, namely the “de-temporalization” and “de-historicization” of the person, which is of equal importance as the de-individualization as a consequence of stereotyping


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