The Public Policy Environment of the Privacy-Security Conundrum/Complement

2011 ◽  
pp. 195-213 ◽  
Author(s):  
J. Bagby
Keyword(s):  
Public Policy ◽  
National Security ◽  
Records Management ◽  
Privacy Rights ◽  
Privacy And Security ◽  
The Public ◽  
Confidential Data ◽  
Networked Computers ◽  
Security Compliance ◽  
Electronic Records Management

Public policy constraints impact deployment of most technology underlying the convergence of digital technologies in telecommunications, e-commerce, and e-government. Networked computers increase the vulnerability of confidential data, transaction processing infrastructure and national security. Compliance regulation imposes complex constrains on data management by government, the private-sector and their personnel. Privacy and security are a balance between individual interests in secrecy/solitude and society’s interests in security, order, and efficiency. This chapter explores the key political, legal, and regulatory methods for resolving conflicts between privacy rights and security methods to encourage convergence success. The “Privacy-Security Conundrum” is framed, then set against the more cross-dependant relationships of a “Privacy-Security Complement.” Security law illustrates that the conundrum-complement dilemma serves to define convergence as constrained and induced by the legal and policy perspectives or privacy, intellectual property, technology transfer, electronic records management, torts, criminal law, fiduciary and contractual duties and professional ethics regulating privacy and security.

Balancing the Public Policy Drivers in the Tension between Privacy and Security

Cyber Crime ◽  
2013 ◽  
pp. 1441-1460 ◽  
Author(s):  
John W. Bagby
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Supply Chain ◽  
National Security ◽  
Federal Agencies ◽  
Privacy And Security ◽  
The Public ◽  
Personally Identifiable Information ◽  
Information Supply Chain ◽  
Market Pressures

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.

Balancing the Public Policy Drivers in the Tension between Privacy and Security

2009 ◽  
pp. 164-183
Author(s):  
John W. Bagby
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Supply Chain ◽  
National Security ◽  
Federal Agencies ◽  
Privacy And Security ◽  
The Public ◽  
Personally Identifiable Information ◽  
Information Supply Chain ◽  
Market Pressures

The public expects that technologies used in electronic commerce and government will enhance security while preserving privacy. These expectations are focused through public policy influences, implemented by law, regulation, and standards emanating from states (provincial governments), federal agencies (central governments) and international law. They are influenced through market pressures set in contracts. This chapter posits that personally identifiable information (PII) is a form of property that flows along an “information supply chain” from collection, through archival and analysis and ultimately to its use in decision-making. The conceptual framework for balancing privacy and security developed here provides a foundation to develop and implement public policies that safeguard individual rights, the economy, critical infrastructures and national security. The illusive resolution of the practical antithesis between privacy and security is explored by developing some tradeoff relationships using exemplars from various fields that identify this quandary while recognizing how privacy and security sometimes harmonize.

scholarly journals Through a Glass Darkly: The Role and Review of "National Security" Concepts in Canadian Law

2015 ◽  
Author(s):  
Craig Forcese
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
National Security ◽  
Administrative Law ◽  
The Public ◽  
Precise Meaning ◽  
Canadian Law ◽  
Real Importance ◽  
The Government

The expression "national security" or its close similes lacks a precise meaning, even in the public policy literature. Nevertheless, the concept appears in over 30 federal statutes. In most instances, the term is undefined, an important oversight in light of the significant powers these statutes accord the government. Under these circumstances, how courts review government invocations of "national security" is of real importance. With some exceptions, courts applying s. 7 of the Charter and standard administrative law doctrines have accorded substantial deference to government national security determinations. When largely deferential substantive review of the ambiguous concept of national security is coupled with the ex parti and in camera context in which these cases are often heard, the net effect is to leave government with a freer hand in national security matters than in other domains of administrative decision making. Several possible responses to this problem are proposed.

Analysis of archives infrastructure in South Africa

2019 ◽  
Vol 69 (4/5) ◽  
pp. 221-239 ◽  
Author(s):  
Nkholedzeni Sidney Netshakhuma
Keyword(s):  
South Africa ◽  
Records Management ◽  
Effective Management ◽  
Building Capacity ◽  
Content Type ◽  
The Public ◽  
Legislative Policy ◽  
Document Review ◽  
Electronic Records Management ◽  
Practical Implications

Purpose The purpose of this study is to assess the extent to which the Mpumalanga Provincial Archives (MPA) complies with the Mpumalanga Archives Act, 2008 legislative/policy provisions of archives building, capacity building and electronic records management and to suggest recommendations for effective archives and records management (ARM) programme in South Africa. Design/methodology/approach This paper adopts a quantitative approach supplemented by qualitative data using document review to collect data and content analysis. Findings The results show that MPA enacted Mpumalanga Archives Act, 2008. However, the challenge is the implementation of such legislation. The findings of this paper would contribute towards the literature in archival legislation in South Africa and other parts of the world. Research limitations/implications Even though the paper was based in South Africa, it was limited to the MPA of South Africa. Practical implications The findings are expected to be instrumental in the implementation of Mpumalanga Archives Act, 2008. Social implications The findings and recommendations will help in guiding MPA on the implementation of an effective provincial archive and records to facilitate the effective management of records to determine those of archival value, to preserve them for posterity and to make them accessible to the public. Originality/value This is an original study using a document review to review the Mpumalanga Archives Act, 1998. The effective archives infrastructure will contribute to compliance with legislative components such as archives building, cooperation, ERMS, appraisal and disposal of records, archives advisory body and access to information.

The Crisis of Privacy and Sacrifice of Personal Data in the Name of National Security

2019 ◽  
pp. 109-126
Author(s):  
Irena Nesterova
Keyword(s):  
National Security ◽  
Data Protection ◽  
Data Transfer ◽  
Personal Data ◽  
The European Union ◽  
Data Retention ◽  
Privacy And Security ◽  
The Public ◽  
Mass Surveillance ◽  
Proper Balance

Edward Snowden’s surveillance revelations in 2013 raised the issue of privacy and security in the public spotlight. These revelations underlined the need for a strong data protection framework. At the same time, the pressing demand to address security concerns and the threat of terrorist attacks might weaken privacy and data protection standards. Two landmark judgments of the Court of Justice of the European Union, namely the Digital rights Ireland judgment (which invalidates the Data Retention Directive) and the Schrems judgment (which invalidates the Safe Harbour Decision forming a legal basis for transatlantic data transfers) are of great significance in strengthening the rights to privacy and data protection in the context of digital mass surveillance. They continue to have far-reaching implications for EU and national data retention mechanisms, as well on the cross-border data transfer framework. Through the lens of the CJEU, the chapter reveals the key challenges that data protection law faces both at national and EU level that have to be addressed in response to mass surveillance in order to maintain a proper balance between privacy and national security.

The Nexus Between Knowledge Management and Electronic Resources for Public Sector Reform in Botswana

2017 ◽  
pp. 102-123
Author(s):  
Kgomotso Hildegard Moahi ◽  
Shadrack Rathapo ◽  
Peter M. Sebina
Keyword(s):  
Knowledge Management ◽  
Public Sector ◽  
Electronic Records ◽  
Records Management ◽  
African Continent ◽  
The Public ◽  
Design And Implementation ◽  
Public Sector Reforms ◽  
The Relationship ◽  
Electronic Records Management

Public sector reforms have become the norm in many jurisdictions, especially in the African continent. In Botswana there have been a number of significant reform activities over the years, aimed at enhancing the public sectors capacity to deliver effective and efficient service to its population. The authors contend that the implementation of reforms result in significant documentation, knowledge and lessons learnt that need to be harvested and harnessed to improve future implementation of such programs. This can be done for as long as the relationship between electronic records and Knowledge Management in this era is recognized, and both are embedded in the public-sector reforms design and implementation. This paper shows that there is a nexus between the management of knowledge and electronic records in achieving the objectives of public sector reforms. It also explicates reasons the relationship is important. It assesses the implementation of KM in the public sector and the link with electronic records management, and concludes that there is room for both.

Adoption of the Electronic Document Records Management System within the Public Sector in Namibia: Exploring the Challenges and Opportunities

2020 ◽  
Vol 1 (1) ◽  
pp. 7-18
Author(s):  
Stewart Kaupa ◽  
Ken Chisa
Keyword(s):  
Public Sector ◽  
Information And Communication Technologies ◽  
Management System ◽  
Prime Minister ◽  
Electronic Records ◽  
Research Approach ◽  
Records Management ◽  
Electronic Document ◽  
The Public ◽  
Electronic Records Management

The concept of records management aided by information and communication technologies (ICTs) has recently been embraced by many institutions across the globe. For example, organisations that have implemented the Electronic Document and Records Management System (EDRMS are deemed to be better equipped to handle both internally and externally generated records. These organisations are said to operate at higher level in terms of efficiency and effectiveness than those that still rely on manual filing. However, despite the well documented benefits that come With the adoption of ICTs for records management, some departments within the public sector in Namibia, such as the Ministry of Home Affairs, Homeland and Security as well as the Office of the Prime Minister are still heavily reliant on manual filing of documents. It is against this background that this study explored factors hindering the adoption of EDRMS in the Office of the Prime Minister (OPM). The study adopted a qualitative research approach to collect, analyse, and interpret data. The data collecting instruments included open-ended questionnaires, face-to-face interviews and observation of the study respondents. Data was analysed using the Atlas.ti tool. The study found that insufficient training of staff on electronic records management, lack of user needs analysis and lack of user involvement before the introduction of the system all contributed to resistance of the EDRMS adoption in the OPM. The study recommends that the OPM must provide adequate training to its employees on electronic records management and on the EDRMS in particular. The OPM should also make provision for the adoption of a change management strategy plan in order to get user buy-in for the new electronic system to be embraced.

Implementation of the Child Identity Card Policy in Bandung Regency

2019 ◽  
Vol 15 (1) ◽  
Author(s):  
Rodlial Ramdhan Tackbir Abubakar
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Research Method ◽  
The Public ◽  
Implementation Model ◽  
Edward Iii ◽  
Identity Card ◽  
Descriptive Approach ◽  
The Republic ◽  
Identity Cards

Previously, Indonesia only issued Identity Cards for citizens who had reached the age of 17 years. However, after the presence of a new policy from the Interior Ministry of the Republic of Indonesia contained in the Republic of Indonesia Minister of Home Affairs Regulation Number 2 concerning Child Identity Cards, now Indonesian citizens who are less than 17 years old can have an identity card in the form of a Child Identity Card. The main problem in this research are the limitations of blanks and need additional personnel to improve services, especially in the context of issuing child Identity Cards. Besides, the realization of the issuance of child identity cards still far from the target and socialization to the public has not been conveyed in its entirety.. This study aims to examine how the implementation of Child Identity card in Bandung Regency. The research method used is qualitative with descriptive approach. This research is presented by using a narrative that discusses the implementation of child identity card policies in Bandung Regency. The focus of this research emphasizes the implementation model of Edward III covering communication, resources, disposition, and bureaucratic structure. The result of the research shows that implementation of Child Identity card in Bandung Regency has run optimally.Keywords : Public Policy; Policy Implementation; Identity CardAfandi, Warjio.2015. Implementasi Peraturan Daerah Kabupaten Asahan Nomor 11 Tahun 2011 tentang Pajak Daerah dalam Pencapaian Target Pajak Bumi dan Bangunan Perdesaan dan Perkotaan. Jurnal Administrasi Publik.Vol. 6, Nomor 2Afrizal. 2017. Pelaksanaan Kebijakan Pembuatan Kartu Identitas Anak di Kota Bandar Lampung. Universitas LampungAryanti. 2014. Implementasi Kebijakan Kependudukan Di Kabupaten Kuantan Singingi (Studi Kasus Pengurusan Akta Kelahiran Tahun 2012). Jurnal Online Mahasiswa FISIP. Vol. 1, Nomor 2, Halaman 2.Dwitamara. 2013. Pengaturan dan Implementasi Mengenai Hak Anak. Jurnal Hukum. Vol.18, Nomor 2, Halaman 1.Edwards III. 1980. Implementing Publik Policy. Congresinal. Quartely pressErdani, Indarja, Harjanto. 2017. Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 2 Tahun 2016 Tentang Kartu Identitas Anak di Kota Semarang. Diponegoro Law Journal. Vol.6, Nomor 2, Halaman 2.  Hafrida. 2016. Perlindungan Hukum Anak. Jurnal Ilmu Hukum, Ragam Jurnal. Vol. 7 Nomor 2, Halaman 1Monica, Noak, Winaya. 2015. Implementasi Kebijakan Kartu Tanda Penduduk Elektronik (E-Ktp) Studi Kasus di Kecamatan Denpasar Utara Provinsi Bali. Citizen charter journal. Vol.1 Nomor 2, Halaman 3.Muh. 2018. Respon Orang Tua Terhadap Kartu Identitas Anak. Universitas Islam Negeri Sunan Kalijaga YogyakartaMustafa, Syahbandir. 2016. Penggunaan Diskresi oleh Pejabat Pemerintah untuk Kelancaran Penyelenggaraanpemerintahan Daerah. Jurnal Magister Ilmu Hukum, 4(2)Nugroho. 2009. Public Policy : Dinamika kebijakan, Analisis Kebijakan, Manajemen Kebijakan. Jakarta. GramediaPradika. 2018. Implementasi Kebijakan Kartu Identitas Anak (Kia) di Dinas Kependudukan dan Pencatatan Sipil Kota Yogyakarta. Sekolah Tinggi Pembangunan Masyarakat Desa YogyakartaRahmawati. 2018. Efektivitas Pelaksanaan Program Kartu Identitas Anak (KIA) Di Dinas Kependudukan dan Catatan Sipil Kota Cilegon 2017. Universitas Sultan Ageng TirtayasaRamdhani, Ramdhani. 2017. Konsep Umum Pelaksanaan Kebijakan Publik. Jurnal Publik. Vol 11, Nomor 1, Halaman 10Subarsono. 2005. Analisis Kebijakan Publik. Yogyakarta. Pustaka pelajarSubarsono. 2013. Analisis Kebijakan Publik. Yogyakarta. Pustaka pelajarSudrajat. 2011. Perlindungan Hukum Anak Sebagai Hak Asasi Manusia. Jurnal Ilmu Hukum. Vol. 13, Nomor 2, Halaman 1 Suryono. 2014. Kebijakan Publik untuk Kesejahteraan Rakyat. Jurnal Ilmu Ilmiah. Vol.6, Nomor 2, Halaman 98Tangkilisan. 2003.Implementasi kebijakan publik : transformasi pikiran George Edward. Yogyakarta. Lukman Offset dan yayasan pembaruan administrasi publik indonesia.Wahab.2010. Pengantar Analisis Implementasi Kebijakan Negara. Jakarta: Rineka Cipta.Wardhani, Hasiolan, Minarsih. 2016. Pengaruh Lingkungan Kerja, Komunikasi, dan Kepemimpinan Terhadap Kinerja Pegawai. Journal of Management.Vol.2, Nomor 2Widodo. 2011. Analisis Kebijakan Publik: Konsep dan Aplikasi Analisis Proses Kebijakan Publik. Malang. Bayu MediaWinarno. 2007. Teori dan Proses Kebijakan Publik. Yogyakarta. Media PressindoWiranata. 2013.Perlindungan Hukum Anak. Jurnal Hukum Unsrat  Vol.1, Nomor 3, Halaman 5. Peraturan Perundang-undanganUndang-undang Nomor 24 Tahun 2013 Tentang Perubahan Atas Undang-Undang Republik Indonesia Nomor 23 Tahun 2006 tentang Administrasi KependudukanPeraturan Menteri Dalam Negeri Republik Indonesia nomor 2 Tahun 2016 tentang Kartu Identitas Anak.

Design as an Agent for Public Policy Innovation

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Federico VAZ ◽  
Sharon PRENDEVILLE
Keyword(s):  
Public Policy ◽  
Process Model ◽  
Public Policies ◽  
Policy Innovation ◽  
Design Methods ◽  
Policy Effectiveness ◽  
The Public ◽  
Dependent Activity ◽  
Effectiveness And Efficiency ◽  
Context Dependent

Described as units developing public policies in a design-oriented manner, Policy Labs are tasked to innovate to gain in policy effectiveness and efficiency. However, as public policymaking is a context-dependent activity, the way in which these novel organisations operate significantly differs. This study discusses the emergence of design approaches for policy innovation. The purpose is to map how Policy Labs in Europe introduce design approaches at distinct stages of the policymaking cycle. For this study, 30 organisations in Europe operating at various levels of government were surveyed. Based on the public policymaking process model, it investigates which design methods are Policy Labs deploying to innovate public policies. The study exposed a gap in the awareness of the utilised methods' nature. It also showed that the use of design methods is of less importance than the introduction of design mindsets for public policy innovation, namely ‘user-centredness’, ‘co-creation’, and ‘exploration’.

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