[Re-purposing an unused introduction to my full paper - "See no... Hear no... Track no..: Ethics and the Intelligent Campus" - that was published in the Journal of Information Rights, Policy and Practice this week]
Some very interesting and positive messages came out of this week's Future of Data Protection Forum. Interestingly the forum didn't just focus on the draft European Regulation: partly because the final state of that is still unclear, but also because there was general agreement that reputable organisations shouldn't aim merely to comply with data protection law.
Since becoming involved in Jisc's work on learning analytics, I've been trying to work out the best place to fit the use of students' digital data to improve education into data protection law. I've now written up those thoughts as a paper, and submitted it to the Journal of Learning Analytics. As the abstract says:
Last week I gave a seminar at Southampton University on how data protection law could provide support and guidance for universities' use of learning analytics. The next day Jisc launched a Code of Practice on Learning Analytics, which puts many of the same ideas into practical form.
I've been at several conferences recently on how Data Protection law is developing, and they've left me less than optimistic. By the end of 2015 Europe will have been working for four years on a Regulation "on the protection of individuals with regard to the processing of personal data and on the free movement of such data", but I’m now doubting whether the result will actually achieve either of those.
Yesterday's excellent University of Cambridge conference on Internet Regulation After Google Spain suggested that data protection law will continue to affect a growing range of our activities, but that interpreting its requirements in novel circumstances will continue to be challenging.
In discussions of the "Right to be Forgotten" it is often observed that Google manages each month to deal with tens of millions of delisting requests for breach of copyright, as opposed to tens of thousands for inaccurate personal data. Often the implication seems to be that those numbers should be more similar.
Next month I'll be going to an academic conference on Google Spain and the "Right to be Forgotten" (actually, "right to be delinked") so I thought I'd better organise my thoughts on why, as a provider and user of communications and information services, the decision worries me. And I am much more worried by the decision itself and the train of proposed law it seems to have created than by how Google has responded.
At the VAMP workshop last week I was asked to review legal developments that might affect access management federations. On the legislative side the new European Data Protection Regulation seems to be increasingly mired in politics.
In talking with service providers at this week’s conferences on federated access management in Helsinki it’s become apparent that many of them are asking identity providers to supply not only the information that they need for normal operations, but also information that will only actually be needed if a problem occurs. For example it seems that some service providers may request every user’s real name just in case a user mis-behaves and breaks the service provider’s policy.