Delegitimising Data Subjects’ Economic Interests During Automatic Propertisation of Their Data: A Comparative Study of Data Protection on Social Media Platforms in the UK and China

Social media platforms (SMPs) generate revenue from the automatic propertisation of data contributed by users (i.e. they process these data algorithmically to feed products and services they sell to other customers, especially advertisers). This comparative study of the UK and China builds on key law and policy documents as well as in-depth interviews with 25 experts. We find that neither the human rights–based regulatory approach in the UK nor the impact-based approach of China provides users with economically meaningful forms of redress for harm suffered due to insufficient protection of their rights as data subjects. The study reveals the reasons for this: (1) by analysing data subjects’ rights in data protection law and establishing whether these rights preserve the economic interests of data subjects pertaining to their data; (2) by spelling out the conditions under which users can exercise their rights and (3) through an in-depth analysis of the existing mechanisms, which are not suitable to protect data subjects’ economic interests during automatic propertisation. This also helps us to understand the social impacts of China’s recently approved Personal Information Protection Law. Finally, it suggests two possible ways to improve the balance between the economic interests of data controllers and data subjects.

A model of response efficiency in the hierarchical control system based on the assessment of readiness of fire departments

Introduction. The readiness of all levels of subsystems that comprise the Unified State System for Emergency Prevention and Liquidation (USSEPL) is one of the most important characteristics that determine its effectiveness. To support decision-making at the upper levels of the management hierarchy, it is important to have a set of models that adequately represent the dependence between key response efficiency indicators and particular indicators of lower levels of the system (fire and rescue departments). In most cases, a regulatory approach to the construction of such models, by virtue of which analysts set their structure and parameters, turns out to be unproductive due to their non-adaptive nature in the context of dynamically changing external conditions and technological capabilities of modern devices. The use of an approach based on solving inverse problems that close the feedback loop and provide for an adaptive adjustment of parameters and the structure of models, ensures the current adequacy of models amid changing conditions.The relevance of the study lies in the development of a technology for constructing polynomial models that allow to assess the USSEPL response effectiveness based on estimated indicators of readiness of subsystems at lower levels obtained using expert evaluation techniques (testing) by means of internal control.Goals and objectives. The aim of the work is to build and test the technology for developing analytical polynomial models that allow to adequately assess performance indicators of the USSEPL response depending on the readiness indicators of lower-level subsystems (fire and rescue departments). In compliance with this goal, the tasks of choosing the type of model and methods of obtaining the necessary initial data are also set.Methods. The study uses methods of analysis of hierarchically organized systems, mathematical statistics, simulation modelling, and methods of expert evaluation. The research is backed by materials from domestic and foreign publications.Results and discussion. The proposed method of constructing an efficiency model of the USSEPL operation, relying on the readiness of subsystems, serves as the basis for constructing models that can take into account other indicators of subsystems.Conclusions. The solution to the problem of constructing a polynomial model, that features dependence between the USSEPL response efficiency and lower-level readiness indicators, serves as the basis for other similar models that will support decision making systems.

Implementasi Bimbingan dan Konseling Sebagai Penunjang Pembentukan Godly Character Mahasiswa Universitas Pelita Harapan

<p>Postmodern menyebabkan semua menjadi relatif. Termasuk dalam melakukan kebenaran Firman Tuhan dan teladan dalam membangun karakter pemuda. Penelitian ini bertujuan untuk melihat implementasi bimbingan dan konseling yang digunakan Universitas Pelita Harapan dalam menunjang perkembangan karakter mahasiswa dan mengidentifikasi faktor-faktor hambatan yang terjadi dalam pelaksanaannya. Hasil penelitian ini adalah implementasi yang digunakan memprioritaskan nilai-nilai firman Tuhan. Target yang ingin dicapai adalah membentuk mahasiswa untuk memiliki karakter ilahi. Proses bimbingan dan konseling diberikan melalui: (1) Penasihat akademik; (2) Organisasi rohani <em>spiritual growth for student</em>; (3) Asrama; (4) Lembaga konseling HOPE. Proses bimbingan dan konseling dilaksanakan dalam bentuk: (1) Pendekatan peraturan lembaga; (2) Pemberian nasihat; (3) Pemuridan; (4) Sistem <em>learning by doing</em>; (5) Bimbingan kolaboratif lembaga; dan (6) <em>Support academic</em>. Faktor-faktor yang menjadi penghambat adalah: (1) Kompetensi SDM yang belum memadai; (2) Mahasiswa yang kurang berminat kepada program bimbingan dan konseling; dan (3) Mahasiswa yang belum dapat bersifat dewasa.<br /><br /><strong>Abstrac :</strong> Postmodern causes everything to be relative. Including in carrying out the truth of God's Word and example in building the character of youth. This study aims to look at the implementation of guidance and counseling used by Pelita Harapan University in supporting the development of student character and identify the obstacles that occur in its implementation. The result of this research is the implementation that is used to prioritize the values of God's word. The target to be achieved is to form students to have divine character. The process of guidance and counseling is provided through: (1) academic advisors; (2) spiritual organization spiritual growth for students; (3) Dormitory; (4) HOPE counseling agency. The guidance and counseling process is carried out in the form of: (1) Institutional regulatory approach; (2) Giving advice; (3) Discipleship; (4) learning by doing system; (5) Institutional collaborative guidance; and <br />(6) academic support. The inhibiting factors are: (1) inadequate HR competencies; (2) Students who are less interested in the guidance and counseling program; and (3) Students who have not been able to become adults</p>

AI/ML Models to Aid in the Diagnosis of COVID-19 Illness from Forced Cough Vocalizations: Results and Challenges of a Systematic Review of the Relevant Literature

From a comprehensive and systematic search of the relevant literature on signal data signature (SDS)-based artificial intelligence/machine learning (AI/ML) systems designed to aid in the diagnosis of COVID-19 illness, we aimed to reproduce the reported systems and to derive a performance goal for comparison to our own medical device with the same intended use. These objectives were in line with a pathway to regulatory approval of such devices, as well as to acceptance of this unfamiliar technology by disaster/pandemic decision makers and clinicians. To our surprise, none of the peer-reviewed articles or pre-print server records contained details sufficient to meet the planned objectives. Information amassed from the full review of more than 60 publications, however, did underscore discrete impediments to bringing AI/ML diagnostic solutions to the bedside during a pandemic. These challenges then were explored by the authors via a gap analysis and specific remedies were proposed for bringing AI/ML technologies in closer alignment with the needs of a Total Product Life Cycle (TPLC) regulatory approach.

A Sandbox Approach to Regulating High-Risk Artificial Intelligence Applications

This paper argues for a sandbox approach to regulating artificial intelligence (AI) to complement a strict liability regime. The authors argue that sandbox regulation is an appropriate complement to a strict liability approach, given the need to maintain a balance between a regulatory approach that aims to protect people and society on the one hand and to foster innovation due to the constant and rapid developments in the AI field on the other. The authors analyse the benefits of sandbox regulation when used as a supplement to a strict liability regime, which by itself creates a chilling effect on AI innovation, especially for small and medium-sized enterprises. The authors propose a regulatory safe space in the AI sector through sandbox regulation, an idea already embraced by European Union regulators and where AI products and services can be tested within safeguards.

Towards an effective transnational regulation of AI

Law and the legal system through which law is effected are very powerful, yet the power of the law has always been limited by the laws of nature, upon which the law has now direct grip. Human law now faces an unprecedented challenge, the emergence of a second limit on its grip, a new “species” of intelligent agents (AI machines) that can perform cognitive tasks that until recently only humans could. What happens, as a matter of law, when another species interacts with us, can be integrated into human minds and bodies, makes “real-world” decisions—not through human proxies, but directly—and does all this “intelligently”, with what one could call autonomous agency or even a “mind” of its own? The article starts from the clear premise that control cannot be exercised directly on AI machines through human law. That control can only be effected through laws that apply to humans. This has several regulatory implications. The article’s first discusses what, in any attempt to regulate AI machines, the law can achieve. Having identified what the law can do, the article then canvases what the law should aim to achieve overall. The article encapsulate its analysis in a list of both doctrinal and normative principles that should underpin any regulation aimed at AI machines. Finally, the article compares three transnational options to implement the proposed regulatory approach.

Conformity Assessments and Post-market Monitoring: A Guide to the Role of Auditing in the Proposed European AI Regulation

The proposed European Artificial Intelligence Act (AIA) is the first attempt to elaborate a general legal framework for AI carried out by any major global economy. As such, the AIA is likely to become a point of reference in the larger discourse on how AI systems can (and should) be regulated. In this article, we describe and discuss the two primary enforcement mechanisms proposed in the AIA: the conformity assessments that providers of high-risk AI systems are expected to conduct, and the post-market monitoring plans that providers must establish to document the performance of high-risk AI systems throughout their lifetimes. We argue that the AIA can be interpreted as a proposal to establish a Europe-wide ecosystem for conducting AI auditing, albeit in other words. Our analysis offers two main contributions. First, by describing the enforcement mechanisms included in the AIA in terminology borrowed from existing literature on AI auditing, we help providers of AI systems understand how they can prove adherence to the requirements set out in the AIA in practice. Second, by examining the AIA from an auditing perspective, we seek to provide transferable lessons from previous research about how to refine further the regulatory approach outlined in the AIA. We conclude by highlighting seven aspects of the AIA where amendments (or simply clarifications) would be helpful. These include, above all, the need to translate vague concepts into verifiable criteria and to strengthen the institutional safeguards concerning conformity assessments based on internal checks.

What Are the Merits of Taking a Hybrid Regulatory Approach Toward the Enforcement of Corporate Financial Crime in the United Kingdom and United States of America?

This article focuses on the hybrid regulatory approaches used in both the USA and the UK for the enforcement of corporate financial crime. In particular, the article analyses the use of Deferred Prosecution Agreements, which typically impose a financial penalty and behavioral commitments on a corporate entity for a defined period of time in exchange for the deferral of a criminal prosecution. The article will examine the merits of the use of DPAs instead of the imposition of criminal penalties on a company. The article will also consider whether a hybrid use of competition law as well as, or instead of, financial regulation could achieve better outcomes for regulators when enforcing financial crime.

Rebuilding public trust through the lens of corporate culture: an inevitable necessity to sustain business success in Australia

Purpose This paper aims to promote corporate culture (CC) of compliance to ensure responsible business by motivating self-felt and self-imposed strategies by corporations in Australia. It argues that the way “legal compliance” is pursued in Australia may develop undesirable features within corporate internal affairs ranging from adverse reactions to resentment rationalising or concealing of misconduct. This study showcases that the integration of corporation and ethical values in the compliance governance is inevitable to sustain productive CC and public trust in businesses. Design/methodology/approach This research is based on existing primary and secondary legal resources and different reports, including the Royal Commission’s Report 2019 and public submissions. It attempts to establish a claim that a self-felt and self-motivated approach to legal compliance contemplated by commitment and devotion to the company, and its consumers instead of external control can achieve consistent and positive outcomes that benefit both the company and its stakeholders. Findings While the sanction-deterrence based legal directives provide a strong and sophisticated foundation for detecting and punishing inappropriate culture and have traditionally been effective in fostering compliance, the inclusion of ethical values in the regulatory approach and self-led corporate strategies are required to stimulate sustained compliance, accountability and public trust. Practical implications There has been a dearth of intellectual inquiries (to the best of the author’s knowledge) about the role of CC and self-imposed corporate strategies in ensuring legal compliance. This paper will contribute to filling this gap in the legal literature and the wider academic deliberation on the standard and effectiveness of CC. Originality/value This research is the author’s original work and has not been submitted elsewhere for publication.