Privacy and Manipulation in the Digital Age

2019 ◽  
Vol 20 (1) ◽  
pp. 157-188 ◽  
Author(s):  
Tal Z. Zarsky

Abstract The digital age brings with it novel forms of data flow. As a result, individuals are constantly being monitored while consuming products, services and content. These abilities have given rise to a variety of concerns, which are most often framed using “privacy” and “data protection”-related paradigms. An important, oft-noted yet undertheorized concern is that these dynamics might facilitate the manipulation of subjects; a process in which firms strive to motivate and influence individuals to take specific steps and make particular decisions in a manner considered to be socially unacceptable. That it is important and imperative to battle manipulation carries with it a strong intuitive appeal. Intuition, however, does not always indicate the existence of a sound justification or policy option. For that, a deeper analytic and academic discussion is called for. This Article begins by emphasizing the importance of addressing the manipulation-based argument, which derives from several crucial problems and flaws in the legal and policy setting currently striving to meet the challenges of the digital age. Next, the Article examines whether the manipulation-based concerns are sustainable, or are merely a visceral response to changing technologies which cannot be provided with substantial analytical backing. Here the Article details the reasons for striving to block manipulative conduct and, on the other hand, reasons why legal intervention should be, in the best case, limited. The Article concludes with some general implications of this discussion for the broader themes and future directions of privacy law, while trying to ascertain whether the rise of the manipulation-based discourse will lead to information privacy’s expansion or perhaps its demise.

2021 ◽  
Author(s):  
Marcelo Corrales Compagnucci ◽  
Mark Fenwick ◽  
Helena Haapio ◽  
Erik P.M. Vermeulen

2021 ◽  
Vol 41 (Supplement_1) ◽  
pp. S69-S74
Author(s):  
Summer E Hanson

Abstract One of the earliest reported cases of autologous fat grafting (AFG) was by Neuber in 1893 and consisted of the transfer of small lobules of fat from the upper arm for cicatrical depression of the face. He advocated the use of smaller grafts, noting that pieces larger than the size of a bean would form cysts. In 1895, Czerny excised a lumbar lipoma and transplanted it to the chest for breast reconstruction. Since these early reports, the knowledge base around AFG has expanded exponentially, as illustrated by the other papers within this special topic. As we embark on the next phase of AFG in the clinical setting, there are several directions which are near-clinical translation. This paper discusses future directions in fat grafting that build on optimization of our current techniques as clinical indications expand, such as supplementing purified lipoaspirate and the associated regulatory burden, or deconstructing adipose tissue to selectively use adipose graft components for a variety of regenerative indications.


Author(s):  
Michael Veale ◽  
Reuben Binns ◽  
Lilian Edwards

Many individuals are concerned about the governance of machine learning systems and the prevention of algorithmic harms. The EU's recent General Data Protection Regulation (GDPR) has been seen as a core tool for achieving better governance of this area. While the GDPR does apply to the use of models in some limited situations, most of its provisions relate to the governance of personal data, while models have traditionally been seen as intellectual property. We present recent work from the information security literature around ‘model inversion’ and ‘membership inference’ attacks, which indicates that the process of turning training data into machine-learned systems is not one way, and demonstrate how this could lead some models to be legally classified as personal data. Taking this as a probing experiment, we explore the different rights and obligations this would trigger and their utility, and posit future directions for algorithmic governance and regulation. This article is part of the theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.


2017 ◽  
Vol 1 (100) ◽  
pp. 639 ◽  
Author(s):  
Artemi Rallo Lombarte

Resumen:La referencia a la informática en la Constitución de 1978 reconoció trascendencia constitucional a la necesidad de protección del individuo frente a los riegos derivados de los avances tecnológicos. Cuatro décadas después, la sociedad contemporánea afronta el reto de constitucionalizar nuevos derechos digitales. En España, sendas leyes (LORTAD y LOPD) desarrollaron el precepto constitucional que consagra la garantía de los derechos frente al uso de la informática. Para preservar a los individuos frente a los riesgos y amenazas de latecnología, el Tribunal Constitución dedujo del artículo 18.4 CE un derecho fundamental autónomo a la protección de datos personales. Las leyes españolas de protección de datos son el resultado de la obligación de cumplir compromisos internacionales (Convenio 108 del Consejo de Europa de 1981) y europeos (Directiva 95/46, artículo 8 de la CDFUE 41 y Reglamento UE 2016/679). Sin embargo, el reconocimiento constitucional o europeo, legal o constitucional, del derecho fundamental a la protección de datos no agota la necesidad de establecer un nuevo marco de protección de los ciudadanos en la era digitalen el que se reconozcan nuevos derechos digitales.SummaryI. Introduction. II. The misleading constitutionalization of «computing ». III. Convention 108 of the council of europe (1981). IV. Data protection right as an autonomous fundamental right. V. LORTAD (1992), LOPD (1999) and its reform. VI. The europeanization of data protection right: Directive 95/46, art. 8 CDFUE and regulation EU 2016/679. VII. Towards the constitutionalization of new digital rights.Abstract:The reference to computing in the Spanish Constitution (1978) recognized constitutional significance to the need for protection against the technological risks. Four decades later, the contemporary society faces the challenge of constitutionalising new digital rights. In Spain, two laws (LOPD and LORTAD) developed the constitutional article that enshrined the guarantee of rights against the use of computers. The Constitutional Court inferred from article 18.4 CE an autonomous fundamental right to the protection of personal data. Spanish data protection laws are the result of the obligation to comply withinternational (Convention 108 of the Council of Europe from 1981) and European (Directive 95/46, article 8 of the CDFUE and Regulation EU 2016/679) commitments. However, the European, legal or constitutional, recognition of the fundamental right to data protection does not exclude the need to establish a new framework for the protection of citizens in the digital age in which new digital rights should be recognized.


Author(s):  
Konstantin S. Sharov

The paper is concerned with a study of the changing content and style of non-canonical Christian religious preaching in the digital age. Special attention is paid to the analysis of modern rhetoric Christian preachers practice in their Internet channels, forums and blogs. It is shown that the content of the Internet sermon is largely determined by the Internet users themselves and the topics of their appeals. The fundamental characteristics of the content of the Internet sermon are: 1) focus on the individual, their private goals and objectives, not just on theological problems; 2) rethinking the phenomenon of the neighbour; 3) a shift from the Hesychast tradition of preaching the importance of inner spiritual concentration to the preaching of religious interactivity. The observed stylistic features of the digital preaching can be summarised as follows: 1) moving away from simple answers to the rhetoric of new questions addressed to the audience; 2) empathy, co-participation with a person in his/her life conflicts and experiences; 3) desire to share religious information, not to impose it; 4) resorting to various rhetorical techniques to reach different audiences; 5) a tendency to use slang, sometimes even irrespective of the audience’s language preferences and expectations. It should be pointed out that the Orthodox Internet sermon in the Russian Internet space has a dual and contradictory nature. On the one hand, this phenomenon can be regarded as positive for the Orthodox preaching in general, since it is a means of spreading Christian ideas in the social groups that do not constitute a core of parishioners of Orthodox churches, for example, schoolchildren, students, representatives of technical professions, etc. On the other hand, the effectiveness of such preaching is still unclear. Lack of reliable statistics as well as the results of the survey related to the Orthodox Internet preaching gives us no opportunity to judge about effectiveness or ineffectiveness of the phenomenon at this stage of its development.


2021 ◽  
Vol 6 (26) ◽  
pp. 172-185
Author(s):  
Nurul Ain Farhana Zainordin ◽  
Syed Muhammad Rafy Syed Jaafar ◽  
Nurul Diyana Md Khairi

The ageing population is the crucial phenomenon that has led to the new market segment in tourism known as 'senior tourists.' A senior tourist is determined as an older traveller or grey tourist. The number of elderly keeps growing throughout time; hence, grey tourists will be relevant preferences, differing from the younger tourists. This paper aims to evaluate the relevant studies regarding travel preferences that involve senior tourists. The objective is to understand the publication trend behind the development of travel preferences for senior tourists. The findings suggest that the overall travel preferences among senior tourists studied include 12 aspects of travel preferences. Researchers tend to focus on the aspect of accommodation among senior tourists compared to the other elements. At the end of the review, this paper is set out to outline the literature review analysis to provide greater insight into the development of travel preferences among grey tourists in tourism research from 2000 to 2020. This paper's output offers future directions to explore the offer trends and future direction in tourism and behaviour literature.


Author(s):  
Esraa Elhariri ◽  
Nashwa El-Bendary ◽  
Shereen A. Taie

Feature engineering is a key component contributing to the performance of the computer vision pipeline. It is fundamental to several computer vision tasks such as object recognition, image retrieval, and image segmentation. On the other hand, the emerging technology of structural health monitoring (SHM) paved the way for spotting continuous tracking of structural damage. Damage detection and severity recognition in the structural buildings and constructions are issues of great importance as the various types of damages represent an essential indicator of building and construction durability. In this chapter, the authors connect the feature engineering with SHM processes through illustrating the concept of SHM from a computational perspective, with a focus on various types of data and feature engineering methods as well as applications and open venues for further research. Challenges to be addressed and future directions of research are presented and an extensive survey of state-of-the-art studies is also included.


Author(s):  
Tibor Tajti

Chapter VI is a new chapter in the EIR. Its presence signals the importance that data protection law has gained in Europe since the adoption of the Data Protection Directive 95/46/EC (DPD) and Regulation 45/2001. Although the DPD is not—though it comes close to—a maximum harmonisation directive, its implementation by Member States by the end of 1998 increased data protection standards on national levels as well. Yet the concrete reason that led to the addition of this Chapter is the expanded scope of the EIR as far as the exchange and publication of personal data is concerned. The expansion and thus the enhanced need for data protection is due in particular to the provision made in the recast EIR for newly established interconnected national insolvency registers, accessible via the European e-Justice Portal. This provision has been made at a time when data protection law is increasingly recognised as a ‘stand-alone’ subject, emancipated from privacy law, as expressed indirectly also by the popularisation of the ‘data protection’ nomenclature originating in the German term ‘Datenschutz’. This has clear implications for private and commercial law, including insolvency law.


2021 ◽  
pp. 101-112
Author(s):  
Wolfgang Mann ◽  
Joanna Hoskin ◽  
Hilary Dumbrill

In this chapter, the authors discuss the use of dynamic language assessment with signing deaf children. This is a fairly new area, and, in spite of the growing interest on behalf of researchers and practitioners, there is very limited research. Given the lack of available studies, the authors use anecdotal information that draws on observations made by two of the authors from their own work with signing deaf children, one in a hospital and the other in a school setting. Some of the questions that will guide the discussions are: What makes dynamic assessment useful for signing deaf children? And, how do we determine that dynamic assessment is appropriate for a particular child, and how do we evaluate whether it works? The authors finish with a look at possible future directions and present recommendations on how to make dynamic assessment (more) meaningful for use with signing deaf children.


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