scholarly journals Enhancing Data Protection and Data Processing in the Public Sector: The Critical Role of Proportionality and the Public Interest

SCRIPT-ed ◽  
2013 ◽  
Vol 10 (1) ◽  
pp. 93-122
Author(s):  
Gillian Black ◽  
Leslie Stevens
Author(s):  
SHAKER BANI-MELHEM ◽  
RAWAN ABUKHAIT ◽  
FARIDAHWATI MOHD. SHAMSUDIN ◽  
MOHD AHMAD AL-HAWARI

Previous research is inconclusive about when and how job challenge affects innovative behaviour. To address this inconsistency, we primarily draw on the job characteristics theory (JCT) and job demands–resources model (JD–R model) to examine the effect of job challenge on intrinsic motivation and employee innovative behaviour as well as the moderating role of supervisor coaching behaviour. We employ a time-lagged research design to collect data from 318 public sector employees in the UAE. Our finding offers support for a moderated mediation model in which job challenge has a positive and significant effect on innovative behaviour. The study also shows that the association between job challenge and innovative behaviour via intrinsic motivation is stronger under high supervisor coaching behaviour. The findings provide prescriptive insights into the critical role that supervisor coaching behaviours play in clarifying when and how job challenge affects innovative behaviour and indicate relevant managerial implications aimed at encouraging innovative behaviour in the public sector.


2021 ◽  
Author(s):  
Stergios Aidinlis

Governments across the EU are increasingly turning their attention to advanced big data analytics, aiming to use their data to inform the design and implementation of public policies. Due to limitations in expertise and resources, this is often impossible without the formation of data sharing partnerships with private actors. Yet, the prevailing view in EU data protection regulatory guidance is that the ‘public interest’ and private interests as lawful grounds for data processing under article 6 GDPR find themselves in a zero-sum relationship. The ‘public interest’ under article 6(1)(e) GDPR is construed as the exclusive realm of public authorities, which are often advised against relying on other grounds for processing, associated with private interests, such as ‘legitimate interests’ under article 6(1)(f) GDPR. This chapter argues against the presently dominant divide between public and private interests under lawful grounds for processing, sketching the emergence of Government-to-Business (G2B) research data sharing in the EU. A conceptualisation of the ‘public’ interest as not incompatible with private interests, as long as a contribution to societal well-being is made through data processing, is offered in that regard. The chapter elaborates on this conceptualisation and the requirements for ensuring protection of the fundamental rights of data subjects, while reflecting on the research questions that should concern future EU data protection law researchers with regard to its adoption.


Author(s):  
Nick Letch

Information and communications technologies are emerging as important drivers of reform in the public sector. This chapter explores both enabling and constraining aspects of the role that ICTs can play in transforming the development and delivery of public policy. Two issues are explored: the reduction in flexibility of decision making that frequently accompanies ICT-based initiatives, and the critical role of knowledge embedded in networks of stakeholders in policy development and delivery. A case study, which traces the knowledge embedded in networks of relationships of actors involved in developing and implementing operational policy in an Australian public sector agency, is presented to illustrate the unintended constraints on knowledge activities. A framework for analyzing socio-technical networks involved in integrating ICTs into the cycle of public policy is presented.


1988 ◽  
Vol 13 (1) ◽  
pp. 33-46
Author(s):  
Karan Gianni

Rashtriya Seva Samsthan is a public sector organization that sets up a new administrative office with a data processing cell. A specially chosen young executive to head the data processing cell runs into problems in implementing the planning and monitoring system within the Samsthan's organizational climate and processes. He is transferred out of that location in response to the frictions that develop. Frustrated, the young officer quits. This case, contributed by Karan Gianni, Goa, raises interesting issues on how organizational changes should be planned for absorption into and for desired influences on the rest of the organizational processes and behaviour. The case also raises questions on the role of the head office, choice of personnel, provision of the support needed by those implementing the changes. Vjkalpa hopes that large organizations in the public and private sectors planning the introduction of changes involving data processing will benefit from an analysis of this case.


Author(s):  
Bryane Michael ◽  
Michael Bates

The IMF has been leading efforts to develop and implement codes of monetary and fiscal transparency. Such codes aim to increase disclosure of public sector information on the Internet-representing a type of “e-transparency”. Do such codes and increased Internet-based public sector information achieve their objectives? Much e-government theory sees electronic presence and e-transparency as a first step toward transformationary e-government. Yet, e-transparency itself represents a transformation in e-government. This chapter will first describe the results of a private-sector based assessment of fiscal and monetary transparency and report cross-country ratings. Second, it will describe a new method of assessment that emphasizes the role of knowledge management and the critical role played by assessment project design. Lastly, this chapter will discuss the extent to which such e-government efforts aimed at greater transparency achieve broader objectives - such as increased trust, predictability, credibility, oversight, and political accountability in the public sector. The lessons in this chapter are applicable to governments engaged in promoting and assessing transparency as well as corporations.


Author(s):  
Ana Nordberg

AbstractBiobanks are essential infrastructures in current health and biomedical research. Advanced scientific research increasingly relies on processing and correlating large amounts of genetic, clinical and behavioural data. These data are particularly sensitive in nature and the risk of privacy invasion and misuse is high. The EU General Data Protection Regulation (GDPR) developed and increased harmonisation, resulting in a framework in which the specific duties and obligations of entities processing personal data—controllers and processors—were defined. Biobanks, in the exercise of their functions, assume the role of controllers and/or processors and as such need to comply with a number of complex rules. This chapter analyses these rules in the light of Article 89 GDPR, which creates safeguards and derogations relating to ‘processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes’. It identifies key compliance challenges faced by biobanks as data controllers and processors, such as determining whether the GDPR is applicable and its intersection with other regulations; when a biobank should be considered controller and processor; and what are the main duties of biobanks as data controllers and processors and options for compliance.


2021 ◽  
pp. 1-18
Author(s):  
More Ickson Manda

The institutionalisation of new technologies, information systems, norms, practices and other innovations for improving governance, planning, operational efficiency and service delivery in the public sector remain a challenge. Power dynamics, and politics have also been recognised as playing a critical role in the institutionalisation of information systems for promoting digital transformation of the public sector. This study used data collected through an extensive review of literature and empirical data from a case study of South Africa’s government digital transformation journey. The study explored power dynamics and the role of politics in the institutionalisation of reforms and deinstitutionalisation of institutionalised practices that constrain transformation in institutions. Power dynamics, and politics in institutions were found to have a significant bearing on the institutionalisation of reforms that include information systems in the digital transformation of government. The study found that the digital transformation of the public is more than the implementation technology and requires the holistic view of institutions as social, economic, and political structures.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 


2003 ◽  
Vol 17 (3) ◽  
pp. 257-266 ◽  
Author(s):  
Mark H. Taylor ◽  
F. Todd DeZoort ◽  
Edward Munn ◽  
Martha Wetterhall Thomas

This paper introduces an auditor reliability framework that repositions the role of auditor independence in the accounting profession. The framework is motivated in part by widespread confusion about independence and the auditing profession's continuing problems with managing independence and inspiring public confidence. We use philosophical, theoretical, and professional arguments to argue that the public interest will be best served by reprioritizing professional and ethical objectives to establish reliability in fact and appearance as the cornerstone of the profession, rather than relationship-based independence in fact and appearance. This revised framework requires three foundation elements to control subjectivity in auditors' judgments and decisions: independence, integrity, and expertise. Each element is a necessary but not sufficient condition for maximizing objectivity. Objectivity, in turn, is a necessary and sufficient condition for achieving and maintaining reliability in fact and appearance.


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