"This article discusses the perspectives of European Union (EU) / European Economic Area Data Protection Authorities (DPAs) on their role in protecting democratic rights and freedoms in digitalised societies. Data Protection Authorities, which are independent regulators, are responsible for implemen
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ting the EU’s General Data Protection Regulation in their respective countries. The views of DPAs are important given their special role in monitoring newly emerging digital technologies and how their use may impact on the functioning of democracies. The article highlights three key themes which emerged in interviews with 18 DPAs in answer to the question about what they consider to be the greatest challenges to democratic freedoms. These are: (1) threats to elections due to the manipulation of voters; (2) discriminatory effects of automated decision-making; and (3) broader chilling effects on democratic norms due to ubiquitous surveillance. The article then analyses the solutions named by DPAs to mitigate these challenges to identify their governing, or political, rationalities. The paper finds that the solutions available to DPAs to manage democratic harms tend to emphasise individual over collective responsibility and are connected to broader currents of neoliberal governance. The paper highlights the ways in which some DPAs act as important critical voices within their respective jurisdictions to draw political attention to potentially anti-democratic effects of certain practices, such as profiling, or to the model of digitalisation as it is currently constructed." (Abstract)
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"This policy brief is an Access Now publication. It gives context about the Personal Data Protection Bill in the Parliament of Sri Lank, states the key areas of concerns in the present bill, and proposes nine (9) recommendations." (commbox)
"The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, fnancial markets, criminal activity and intellectual property law. Comparing how these very different areas of law have evolv
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ed with regard to cross-border online situations, the book considers whether cyberlaw is little more than “the law of the horse”, or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings together legal academics with expertise in how law has both reacted to and shaped cross-border, global Internet communication and their contributions consider whether it is possible to identify a particular mediality of law in the digital age." (Publisher description)
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"These guidelines aim to provide a general framework for judicial actors to assess matters of privacy and data protection in the face of other rights, such as freedom of expression and the right to privacy. The document includes relevant case law from various national, international and regional bod
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ies that may inform judicial actors’ understanding of the matters at hand. It draws a coherent line from privacy rights to data protection rights and the challenges of upholding these rights in the face of new technologies." (Page 2)
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"Die neuen sozio-technischen Verhältnisse der digitalen Transformation fordern neuzeitliche Konzepte des »souveränen Staates« und des »souveränen Subjekts« heraus, was in Debatten um »digitale Souveränität« problematisiert wird. Die Beiträger*innen des Bandes diskutieren diese Herausford
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erungen für zentrale gesellschaftliche Teilbereiche (u.a. Recht, Politik, Wirtschaft, Technik und Ethik) und tragen damit zu einer Systematisierung und Anreicherung der öffentlichen und wissenschaftlichen Diskussion bei. Zentrale Bruchlinien sind dabei neben Souveränitätskonzepten auch die Selbst- und Fremdbestimmung sowie der Umgang mit Daten." (Verlagsbeschreibung)
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"This report provides an in-depth overview of the current state and trends of data protection regulation of seven North African countries – namely Algeria, Egypt, Mauritania, Morocco, Libya, Sudan, and Tunisia. The st udy tackles regulatory approaches, key principles, and selected instruments. Fro
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m the outset, the analysis was limited to a textual analysis of the respective data protection laws, including constitutional law (i.e., the “law in the books”). In detail, the study engages with the development and status of regional and sub-regional data protection frameworks in Africa. Political as well as international influences on the development (or the lack of) of data protection laws in North Africa were considered. In addition, for countries with a comprehensive data protection laws (i.e. Algeria, Egypt, Mauritania, Morocco, and Tunisia), the comparative assessment also looked into the scope of alignment and of divergence with the EU General Data Protection Regulation (GDPR)." (Back cover)
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"Of the eight countries surveyed here, only four have comprehensive data protection privacy acts in place: Kenya, South Africa, Togo and Uganda. But as these research reports suggest, this is not necessarily a strong indicator of whether a country is committed to privacy rights, or of the efficacy o
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f a country’s legislative environment in ensuring the right to privacy and data protection. Instead, reading across the reports, what can be described as an asymmetry between legislation and practice is evident at different levels. This asymmetry can be political – for example, Togo, an effective constitutional dictatorship marked by fierce government crackdowns on opposition and recent reports of surveillance of religious and political leaders, enacted a data protection law in 2019, and is one of the few countries in Africa to have ratified the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention). Yet, as the country author suggests, “This interest [by policy makers in digital rights] is not necessarily to protect the citizens but rather out of concern to adapt state policies to the global digital situation.” This asymmetry also concerns the regulatory framework for the implementation of a data protection act. Amongst the countries surveyed here, South Africa was the first to pass a protection of personal information act (in 2013), but still has not implemented the necessary regulations to give practical force to the law. In contrast, while Nigeria’s privacy law is still in draft form, it already has what the country author describes as “watershed” privacy regulations." (Introduction, page 5)
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"On the one hand, “Free Flow of Data” is advocated by many as a critical enabler of digital transformation, innovation, economic growth and social benefits. At the same time, various concerns related to privacy, taxation, competition, security, and even the democratic process, have prompted poli
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cy initiatives invoking the notion of “Data Sovereignty”. “Free flow” and “sovereignty” are terms which strongly resonate with policy-makers, businesses and even citizens. Their coupling with the word data too often generates visceral reactions and intense exchanges devoid of nuance, in a context of heated debates about the impacts of digitalization and growing geopolitical tensions. The diversity of sectoral silos where discussions are conducted worsens the situation and makes solutions even harder to find. This framing report seeks to unpack these two polarizing expressions to better understand actors’ perspectives, and shift the debate towards reconciling apparently conflicting approaches. The goal is not to provide a comprehensive overview of all the issues and stakeholder views, but to offer a holistic snapshot of the concerns and prominent perspectives to kick-start further debate. The report is organized in three self-explanatory parts: Data, Free Flows of Data, and Data Sovereignty. It concludes, in Moving Forward, with a call to reframe the discussion, harness emerging innovative approaches, and engage in a much needed global, multistakeholder and cross-sectoral debate." (Introduction)
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"In this report, we highlight how privacy and data protection violations by state and non-state actors are compounded by the lack of legal data protection safeguards which would obligate public entities, private companies, and international organizations to respect and adhere to data protection prin
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ciples, empower users to take agency and control over their personal information, and create mechanisms for grievance and redress when such violations occur. We explore these issues and propose safeguards and policy recommendations for those involved in the collection and processing of personal data: governments, private companies, and international aid organizations. We include case studies for Jordan, Lebanon, Palestine, and Tunisia. Our goal is not to include an exhaustive list of all cases related to data protection, but to present a few key illustrative cases for each country." (Executive summary, page 3)
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"Efforts to establish or improve national identification systems in Africa have coincided with the increasing deployment of mobile technology. This has led to the prioritisation of digital “solutions” for facilitating forms of identification and registration – often via biometric attributes [.
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..] Research ICT Africa (RIA) and the Centre for Internet and Society (CIS) partnered in 2020 and 2021 to investigate, map, and report on the state of digital identity ecosystems in 10 African countries. The project looked at local, digitised (in full or partially) foundational ID systems in Ghana, Kenya, Lesotho, Mozambique, Nigeria, Rwanda, South Africa, Tanzania, Uganda, and Zimbabwe. The project set out to contribute to the broader question of whether digital identity ecosystems increase choices and opportunities for Africans, or whether they exacerbate the multidimensional aspects of digital inequality on the continent." (Executive summary)
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"This open access handbook presents a multidisciplinary and multifaceted perspective on how the 'digital' is simultaneously changing Russia and the research methods scholars use to study Russia. It provides a critical update on how Russian society, politics, economy, and culture are reconfigured in
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the context of ubiquitous connectivity and accounts for the political and societal responses to digitalization. In addition, it answers practical and methodological questions in handling Russian data and a wide array of digital methods. The volume makes a timely intervention in our understanding of the changing field of Russian Studies and is an essential guide for scholars, advanced undergraduate and graduate students studying Russia today." (Publisher description)
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"Open-source intelligence gathering and analysis (OSINT) techniques are no longer predominantly the remit of private investigators and journalists. An estimated 80-90% of data analysed by intelligence agencies is also now derived from publicly available material. Additionally, the massive expansion
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of the internet and, in particular, social media platforms, have made OSINT increasingly accessible to civilians who simply want to trawl the Web for information on a specific individual, organisation or product. In May 2018, the European Union’s General Data Protection Regulation (GDPR) was implemented in the UK through the new Data Protection Act, intended to secure personal data against unjustified collection, storage and exploitation. This document presents a preliminary literature review of work related to the GDPR and OSINT, which was collated as the basis for an as-yet-unpublished study evaluating the effects of the GDPR on OSINT capabilities in the UK. The literature reviewed is separated into the following six sections:‘What is OSINT?’,‘What are the risks and benefits of OSINT?’,‘What is the rationale for data protection legislation?’,‘What are the current legislative frameworks in the UK and Europe?’,‘What is the potential impact of the GDPR on OSINT?’, and ‘Have the views of civilian and commercial stakeholders been sought and why is this important?’. As OSINT tools and techniques are accessible to anyone, they have the unique capacity for being used to hold power to account. It is therefore important that new data protection legislation does not impede civilian OSINT capabilities." (Abstract)
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"Open-source intelligence (OSINT) gathering and analysis techniques are used by investigators from a variety of fields, owing to their accessibility and exceptional capacity for corroboration. It has previously been argued that proposed data protection legislation can chill the free press, but there
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have been no studies assessing the effect of such reforms on more general OSINT capabilities. European Union’s General Data Protection Regulation (GDPR) was implemented in the UK through the 2018 Data Protection Act (DPA) to protect personal data against exploitation. This study surveyed 16 OSINT gathering and analysis practitioners across public and private sectors to determine firstly, what, if any impact the implementation of the GDPR/DPA have had on their ability to successfully operate as OSINT analysts and secondly, if they have noticed any subsequent changes in UK public perception around issues of the surveillance state and digital privacy. I argue that this initial survey shows that the GDPR is merely a first step in establishing societal expectations and regulations around digital privacy. While some changes to OSINT practice have been reported, to date few substantive changes to OSINT methods or analysis resulted or seemed poised to take effect, one year after the advent of the GDPR/DPA." (Abstract)
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