Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.     

Gang activity in English prisons: The prisoners’ perspective

Abstract

Gang activity in American prisons has resulted in serious problems for prisoners and staff. This study assessed prisoners’ perceptions of gang-event frequency in the UK. Interviews with 360 prisoners from nine prisons in England and Wales indicated gang-related events were perceived as more frequent in all male categories of prison than they were in female institutions. Prisoners reported drug possession and prisoner groups being formed along regional origins as the most frequent gang-related activities. Recidivists perceived higher levels of gang-related activity than did first-time prisoners. Gang-related variables also predicted prisoners’ perceptions that groups of prisoners have more control over events in the prison than do staff and that order in the prison may not be maintained. The merits of interviewing prisoners and the implications of the results for maintaining order in prison are discussed.     

Keeping children safe in nurseries: A focus on culture and context

Abstract

There have been few reported incidents of sexual abuse within nurseries until recently, when abuse has come to light as a result of investigations into online sexual offending. This paper uses information from serious case reviews to compare two of these incidents with a view to understanding the factors that might contribute to abuse taking place within nurseries. Information from the reviews points to the context and culture of the nursery environment being of key importance, particularly the degree to which relationships and the emotional health of the setting allow the offender to assume a position of power within the group. This has implications for the way in which nurseries are managed and regulated.     

A social and political profile of Canadian legislators, 1996

This research note provides an overview and an update on the social and political backgrounds of all elected Canadian legislators at the federal and provincial/territorial levels of government in 1996. For provincial/territorial legislators data are presented by electoral jurisdiction, and for all legislators by level of government and political party. Relatively few differences in social characteristics were found between the two levels although there were some variations by province, territory and party. Business, education and law are the three most prevalent occupations, although the latter has declined among legislators over time. There is little movement of members from the provincial to the federal level. The most common political experience of both groups lies in municipal governance. Over time women have increased their share of seats at both levels. Even in a polity such as Canada with high rates of legislative turnover at both federal and provincial/territorial levels and with new parties emerging, most changes in social and political experience backgrounds proceed incrementally.     

The emergence of the entrepreneurial state in contemporary China

As market reform has progressed in China, state bureaux have adapted and become entrepreneurial. This contradicts expectations that states will either simply retreat in the face of encroaching markets to play a minimal role in the economy, or obstruct market‐oriented change through bureaucratic conservatism or rent‐seeking. This paper describes the state entrepreneurialism that has appeared in the Chinese city of Tianjin in the early 1990s and explains its emergence as the consequence of both market‐induced structural transformation and the resultant changing incentives and demands on officials. It proposes the ‘entrepreneurial state’ as a model of state adaptation to marketization and assesses its implications for both our conception of the developmental state and for anticipation of rent‐seeking and resistance to market reform.     

Increasing Women's political representation: the limits of constitutional reform

In 1999 and 2000 the French parliament passed a constitutional revision and a set of legislation with the aim of achieving parity of representation between men and women in France's elected assemblies. France was the first country in Europe to institute such radical reform to address the issue of women's under-representation in politics. The success of the parity reforms in achieving equal representation for women has been limited, however. This paper will discuss how and why the issue of parity progressed onto the French political agenda, and will identify the main factors which have limited the impact of these reforms. It will be argued that both the electoral system and the attitudes of political parties remain important obstacles to achieving true parity in elected institutions.     

‘Flexicurity’ as a policy strategy: the implications for gender equality

Abstract

The ‘flexicurity’ strategy reached the top of the European Union's policy agenda in the mid-2000s. The strategy assumes an adult worker model family and aims to promote better, as well as more, jobs and to ensure that policies should further both flexibility in the labour market and security for workers. The article explores, first, the meaning of internal and external flexibility, and of employment-based security and the different implications for men and women. While the policy documents assume that flexicurity will increase gender equality, the mechanisms have not been specified. In fact, as the article shows, women are often more ‘flexible’ workers than men, particularly regarding their contractual arrangements and hours of employment. However, they tend not to be economically autonomous and, we argue, the supply-side policies advocated on the security side of the flexicurity matrix are insufficient to improve their position, which is strongly related to the gendered divisions of paid and unpaid work.     

Toward a measurement tool for the monitoring of media diversity and pluralism in South Africa: A public-centred approach

Abstract

This article responds to recent debates within South African media politics regarding the diversity and transformation of the print sector in the country, by suggesting a necessary refocus of previously used methods of measuring media diversity and proposing a more audience-centred approach. This audience-centred method is discussed with regard to meeting the demands of the normative understanding of media diversity, where the media are viewed as central to an individual's formulation of opinions and ideas, thus rendering the media – and particularly the news media – vital in fostering an enabled and informed citizenry. The argument proposes a bottom-up instead of a top-down methodology for measuring media diversity, by placing the primary focus on the public as the starting point, rather than the end point of the analysis, and validating this position through the normative view of the media's role in assisting citizens to formulate personal views. The article concludes by listing four key areas in which current debates on media diversity in South Africa should be realigned and refocused, including at a parliamentary level.