Script-edPub Date : 2023-08-10DOI: 10.2218/scrip.20.2.2023.8980
Sunita Menon
{"title":"Postcolonial Differentials in Algorithmic Bias: Challenging Digital Neo-Colonialism in Africa","authors":"Sunita Menon","doi":"10.2218/scrip.20.2.2023.8980","DOIUrl":"https://doi.org/10.2218/scrip.20.2.2023.8980","url":null,"abstract":"As digital technologies become the dominant driver of the global economy, Africa finds itself once again faced with the prospect of developmental stagnation. In an increasingly technological age, parallels to the colonial era can be made, particularly in reference to the detrimental impact on the African economy and the continent’s developmental trajectory. AI, which drives these technologies, is informed by algorithms. The biases inherent in these algorithms lead to digital discrimination. This discrimination has resulted in a new form of colonialism, referred to as digital neocolonialism, which denotes the exclusionary barrier that has been created by algorithms. This work challenges algorithmic bias through the application of postcolonial theory, which calls for a dismantling of colonial imposition by reimagining and reframing the concept of the ‘other’. The gaps in current AI systems, and the power imbalances created, are interrogated through an analysis of bias and its impact. Through a postcolonial lens, a call is made for more inclusive AI systems, and datasets that challenges the assumed neutrality of algorithms.","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135596670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Script-edPub Date : 2023-08-10DOI: 10.2218/scrip.20.2.2023.8982
Ayça Atabey, Şimal Efsane Erdoğan
{"title":"Obituary: In Memory of Andrew Cormack","authors":"Ayça Atabey, Şimal Efsane Erdoğan","doi":"10.2218/scrip.20.2.2023.8982","DOIUrl":"https://doi.org/10.2218/scrip.20.2.2023.8982","url":null,"abstract":"","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135596394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Script-edPub Date : 2023-08-10DOI: 10.2218/scrip.20.2.2023.8979
Frederik Zuiderveen Borgesius, Hadi Asghari, Noël Bangma, Jaap-Henk Hoepman
{"title":"The GDPR’s Rules on Data Breaches: Analysing Their Rationales and Effects","authors":"Frederik Zuiderveen Borgesius, Hadi Asghari, Noël Bangma, Jaap-Henk Hoepman","doi":"10.2218/scrip.20.2.2023.8979","DOIUrl":"https://doi.org/10.2218/scrip.20.2.2023.8979","url":null,"abstract":"The General Data Protection Regulation (GDPR) requires an organisation that suffers a data breach to notify the competent Data Protection Authority. The organisation must also inform the relevant individuals, when a data breach threatens their rights and freedoms. This paper focuses on the following question: given the goals of the GDPR’s data breach notification obligation, what are its strengths and weaknesses? We identify six goals of, or rationales for, the GDPR`s data breach notification obligation, and we assess the obligation in the light of those goals. We refer to insights from information security and economics, and present them in a reader-friendly way for lawyers. Our main conclusion is that the GDPR’s data breach rules are likely to contribute to the goals. For instance, the data breach notification obligation can nudge organisations towards better security; such an obligation enables regulators to perform their duties; and such an obligation improves transparency and accountability. However, the paper also warns that we should not have unrealistic expectations of the possibilities for people to protect their interests after a data breach notice. Likewise, we should not have high expectations of people switching to other service providers after receiving a data breach notification. Lastly, the paper calls for Data Protection Authorities to publish more information about reported data breaches. Such information can help to analyse security threats.","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135596396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Script-edPub Date : 2023-08-10DOI: 10.2218/scrip.20.2.2023.8983
Ayça Atabey, Şimal Efsane Erdoğan, Mihail Dishev
{"title":"Editorial Introduction","authors":"Ayça Atabey, Şimal Efsane Erdoğan, Mihail Dishev","doi":"10.2218/scrip.20.2.2023.8983","DOIUrl":"https://doi.org/10.2218/scrip.20.2.2023.8983","url":null,"abstract":"","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135596406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Script-edPub Date : 2023-08-08DOI: 10.2218/scrip.20.2.2023.8978
Jessica Bell, Miranda Mourby, Jane Kaye
{"title":"Contractual Mechanisms for Securing the Public Interest in Data Sharing in Public-Private Health Research Partnerships","authors":"Jessica Bell, Miranda Mourby, Jane Kaye","doi":"10.2218/scrip.20.2.2023.8978","DOIUrl":"https://doi.org/10.2218/scrip.20.2.2023.8978","url":null,"abstract":"Public private partnerships (PPPs) are increasingly common in health research, with large European investment over the last 20 years and renewed focus in the wake of the global health crisis COVID-19. PPPs have been used for health research that seeks to collect, analyse and share personal data from research participants, often on the basis of informed or broad consent. PPPs are underpinned by contracts, both to govern the use of data and samples necessary for health research, and to govern the agreement between the public and private contracting parties of a project. This raises the question of how far contracts adequately protect public interests, for example in privacy and data protection when patient data are exposed to a broader range of potential uses from the private sector. A core principle of contract law is that you cannot contract for unlawful activity. As such, contracts could be void if their design or performance entails a breach of statute or common law, for example data protection and privacy laws or the common law duty of confidentiality. This paper analyses the implications of this general principle of illegality for contracts underpinning PPPs in health research, particularly to understand the extent to which it could operate to protect the public interest as conceived by privacy and data protection law. The paper will show how this heavily policy-driven doctrine has scope to ensure that contracts and contract terms that are contrary to public policy are void or unenforceable which, in the context of PPPs using personal information for health innovation and research, is a welcome, though limited, accountability mechanism in private law that could operate to serve the public interest.","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135841094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Script-edPub Date : 2017-12-01DOI: 10.2966/scrip.140217.326
Shawn He Harmon, Abbe Brown, Sita Popat, Sarah Whatley, Rory O'Connor
{"title":"Struggling to be Fit: Identity, Integrity, and the Law.","authors":"Shawn He Harmon, Abbe Brown, Sita Popat, Sarah Whatley, Rory O'Connor","doi":"10.2966/scrip.140217.326","DOIUrl":"https://doi.org/10.2966/scrip.140217.326","url":null,"abstract":"<p><p>This interdisciplinary co-authored Analysis piece introduces identity and integrity, which are argued to sit at the core of the person. It analyses approaches taken to these concepts by legal regimes, particularly in the context of individuals using artificial limbs or digital avatars. The piece concludes that law engages with identity and integrity to a limited and incomplete extent; and that law is thus inadequate in its engagement with the person, and its meaning making in this respect. This piece draws on two interdisciplinary funded projects, funded by the Wellcome Trust and the Arts and Humanities Research Council.</p>","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"14 2","pages":"326-344"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5736106/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"35683398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Script-edPub Date : 2008-12-15DOI: 10.2966/SCRIP.050308.482
U. Vries, H. Tigchelaar, T. V. D. Linden-Smith
{"title":"Describing Identity Fraud: Towards a Common Definition","authors":"U. Vries, H. Tigchelaar, T. V. D. Linden-Smith","doi":"10.2966/SCRIP.050308.482","DOIUrl":"https://doi.org/10.2966/SCRIP.050308.482","url":null,"abstract":"Incidents of identity fraud are increasing in scope and variety and can be regarded as a global problem. Understanding the problem properly demands a general description of identity fraud. An extensive review of the literature shows that there is no such general description, although it would contribute to the development of a structural and cooperative approach among relevant stakeholders (states, IGOs, private enterprises, NGOs) in Europe and elsewhere to combat identity fraud. This article reports on a research project that has been carried out by Dutch authors. It consisted of an analysis of literature in the Netherlands, the USA, the UK, France, Belgium and the European Union. Some 30 definitions were analysed with an aim to formulate a general definition of identity fraud. Formulating such a definition enabled a subsequent analysis into the extent to which identity fraud is covered by existing legislative measures and the necessity or desirability of introducing new legislative measures.","PeriodicalId":92290,"journal":{"name":"Script-ed","volume":"5 1","pages":"482-500"},"PeriodicalIF":0.0,"publicationDate":"2008-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69271382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}