Stuck in the Thicket? Social Research under the First Data Protection Principle

Erdos, David

doi:10.1093/ijlit/ear001

Cited by 8 publications

(14 citation statements)

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“…The DPA 1998 also permits the processing of personal data by data controllers in circumstances which arguably fall outside the acceptable ethical boundaries for most researchers (but see Erdos 2011aErdos , 2011b. For example, UK data protection law states that data controllers must meet certain conditions for the processing of personal data (Sch.1, s.1 DPA 1998).…”

Section: Ethics Guidelines and Legal Rulesmentioning

confidence: 99%

Data Protection, Freedom of Information and Ethical Review Committees

Charlesworth

2012

Information, Communication & Society

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Effective interpretation of, and compliance with, data protection and freedom of information law across the range of administrative and educational activities undertaken in a UK higher educational institution are tasks which, over a decade after the passage of the legislation, remain fertile ground for disagreement, misunderstanding and poorly conceived institutional policymaking. For social science researchers, the issue is further complicated by the need to simultaneously interpret and implement research ethics guidelines promulgated by diverse external bodies: the Research Councils, subject-specific research associations and other cross-disciplinary special interest groups. The cascade of new information communication technologies (ICTs) available to the social science researcher completes a triangle of policy variables and uncertainties for both researchers and institutional research scrutiny bodies. The aim of this article is threefold: first, to examine some of the issues raised by the application of data protection and freedom of information law to research in the social sciences, with a particular eye to the impact of ICTs; second, to discuss how the interplay between legal rules, ethical guidelines, and institutional regulation is developing; and finally, to suggest some potential ways forward.

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Section: Ethics Guidelines and Legal Rulesmentioning

confidence: 99%

Data Protection, Freedom of Information and Ethical Review Committees

Charlesworth

2012

Information, Communication & Society

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“…The big tech and advisory firms focus on ethics as a way to build, maintain or resurrect 'consumer trust' 2 , a trust that is also cited as an objective to be achieved through investment in ethics centres and research within academia, such as the Facebook-funded AI ethics research centre at Technical University of Munich. 3 But without strong regulation of the technology sector to create trustworthiness, it may be premature to focus on evoking trust in data technologies. It is worth asking what kind of ethics is at work under this rubric of promoting trust and functionality in a world of inexorable technological expansion?…”

Section: Typology -What Kinds Of Ethics Are Appearing In Relation To Data Science?mentioning

confidence: 99%

“…In light of their integrated collection and analysis capabilities, Google and Facebook have become 'triple threats' -offering analytics services to other websites, collecting and aggregating large amounts [3], [23] that case the CJEU was asked to consider the integration of social plug-ins, and in particular whether the Facebook 'Like' plug-in on an online retailer's website which transferred the user's IP address and browsing string to Facebook regardless of whether user was a Facebook user or had clicked the like button rendered the appellant a joint data controller for the purposes of the GDPR. In his Opinion, Advocate General Bobek found that, having embedded plug-in in its website resulted in FashionID being considered a joint controller of the data collected though its responsibility should be limited to those operations for which it effectively co-decides on the means and purposes of processing legitimate interests and consent a finding with which the subsequent judgment the CJEU concurred.…”

Section: The Real Time Bidding System (Rtb)mentioning

confidence: 99%

Technology and Regulation

Schwartz¹,

Byrne²,

Colaninno³

2009

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Technology and Regulation (TechReg) is an international journal of law, technology and society, with an interdisciplinary identity. TechReg provides an online platform for disseminating original research on the legal and regulatory challenges posed by existing and emerging technologies (and their applications) including, but by no means limited to, the Internet and digital technology, artificial intelligence and machine learning, robotics, neurotechnology, nanotechnology, biotechnology, energy and climate change technology, and health and food technology. We conceive of regulation broadly to encompass ways of dealing with, ordering and understanding technologies and their consequences, such as through legal regulation, competition, social norms and standards, and technology design (or in Lessig's terms: law, market, norms and architecture). We aim to address critical and sometimes controversial questions such as: How do new technologies shape society both positively and negatively? Should technology development be steered towards societal goals, and if so, which goals and how? What are the benefits and dangers of regulating human behaviour through technology? What is the most appropriate response to technological innovation, in general or in particular cases? It is in this sense that TechReg is intrinsically interdisciplinary: we believe that legal and regulatory debates on technology are inextricable from societal, political and economic concerns, and that therefore technology regulation requires a multidisciplinary, integrated approach. Through a combination of monodisciplinary, multidisciplinary and interdisciplinary articles, the journal aims to contribute to an integrated vision of law, technology and society. We invite original, well-researched and methodologically rigorous submissions from academics and practitioners, including policy makers, on a wide range of research areas such as privacy and data protection, security, surveillance, cybercrime, intellectual property, innovation, competition, governance, risk, ethics, media and data studies, and others.TechReg is double-blind peer-reviewed and completely open access for both authors and readers. TechReg does not charge article processing fees.

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“…94 Unlike the prescribed nature of much biomedical and clinical research, social sciences research does not presuppose the outcomes of a particular project; rather, outcomes evolve and emerge throughout. 95 This makes it particularly difficult to convey the level of information necessary for consent to be valid under current legal requirements and certainly so under the drafts being considered for the GDPR. Where consent would be appropriate to obtain for social sciences research, the general approach recently adopted by the Council navigates the issues in a more nuanced and proportionate manner.…”

mentioning

confidence: 99%

The Proposed Data Protection Regulation and Its Potential Impact on Social Sciences Research in the UK

Stevens¹

2015

European Data Protection Law Review

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Stuck in the Thicket? Social Research under the First Data Protection Principle

Cited by 8 publications

References 0 publications

Data Protection, Freedom of Information and Ethical Review Committees

Data Protection, Freedom of Information and Ethical Review Committees

Technology and Regulation

The Proposed Data Protection Regulation and Its Potential Impact on Social Sciences Research in the UK

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