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.     

Can the AML system be evaluated without better data?

The Anti-Money Laundering regime has been important in harmonizing laws and institutions, and has received global political support. Yet there has been minimal effort at evaluation of how well any AML intervention does in achieving its goals. There are no credible estimates either of the total amount laundered (globally or nationally) nor of most of the specific serious harms that AML aims to avert. Consequently, reduction of these is not a plausible outcome measure. There have been few efforts by country evaluators in the FATF Mutual Evaluation Reports (MERs) to acquire qualitative data or seriously analyze either quantitative or qualitative data. We find that data are relatively unimportant in policy development and implementation. Moreover, the long gaps of about 8 years between evaluations mean that widely used ‘country risk’ models for AML are forced still to rely largely on the 3rd Round evaluations whose use of data was minimal and inconsistent. While the 4th round MERs (2014–2022) have made an effort to be more systematic in the collection and analysis of data, FATF has still not established procedures that provide sufficiently informative evaluations. Our analysis of five recent National Risk Assessments (a major component of the new evaluations) in major countries shows little use of data, though the UK is notably better than the others. In the absence of more consistent and systematic data analysis, claims that countries have less or more effective systems will be open to allegations of ad hoc, impressionistic or politicized judgments. This reduces their perceived legitimacy, though this does not mean that the AML efforts and the evaluation processes themselves have no effects.     

The ‘Strasbourg Effect’ on data protection in light of the ‘Brussels Effect’: Logic,mechanics and prospects

This article considers various factors that will shape the potential effect of the Council of Europe's modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU data protection law. The central arguments advanced in the article are that the impact of Convention 108+ beyond Europe will rest primarily on the Council of Europe's ideational power tempered by processes of acculturation, and secondarily on the degree to which the EU is willing to use the ‘Brussels Effect’ as a vehicle for promoting non-European states’ accession to the Convention.     

Lilac? ‘Ten years of blue nurtured nature’

Abstract

The paper seeks to determine whether indicators evincing attitudes of police culture themes of solidarity, isolation and cynicism amongst SAPS officials are gender neutral as well as change in relation to Van Maanen’s and Manning’s stages of police culture socialisation. Using a survey format, the researcher employed a longitudinal design. The study established that SAPS cadets that commenced their basic training at the six SAPS basic training institutes in January 2005, entered the organisation with predispositions in furtherance of solidarity, isolation and cynicism. The period of ‘college/academy training’ (January to June 2005) did not significantly counteract these tendencies, neither the subsequent ‘field training’ (July to December 2005). Nine years on, and these attitudes intensified. The study further found that for the duration of the project (10 years), female trainees and their conversion to fully-fledged police officials had mostly stronger values exhibiting solidarity, isolation and cynicism, compared to their male counterparts.     

‘No banquet can do without liquor’: alcohol counterfeiting in the People’s Republic of China

The illegal trade in alcohol has been an empirical manifestation of organised crime with a very long history; yet, the nature of the illegal trade in alcohol has received relatively limited academic attention in recent years despite the fact that it has been linked with significant tax evasion as well as serious health problems and even deaths. The current article focuses on a specific type associated with the illegal trade in alcohol, the counterfeiting of alcohol in China. The article pays particular attention to the counterfeiting of baijiu - Chinese liquor - in mainland China. The aim of the article is to offer an account of the social organisation of the alcohol counterfeiting business in China by illustrating the counterfeiting process, the actors in the business as well as its possible embeddedness in legal practices, trades and industries. The alcohol counterfeiting business is highly reflective to the market demand and consumer needs. Alcohol counterfeiting in China is characterised primarily by independent actors many of whom are subcontracted to provide commodities and services about the counterfeiting process. The business relies on personal networks – family and extended family members, friends and acquaintances. Relationships between actors in the business are very often based on a customer-supplier relationship or a ‘business-to-business market’. The alcohol counterfeiting business in China highlights the symbiotic relationship between illegal and legal businesses.     

Do laws affect attitudes? An assessment of the Norwegian prostitution law using longitudinal data

The question of whether laws affect attitudes has inspired scholars across many disciplines, but empirical knowledge is sparse. Using longitudinal survey data from Norway and Sweden, collected before and after the implementation of a Norwegian law criminalizing the purchase of sexual services, we assess the short-run effects on attitudes using a difference-in-differences approach. In the general population, the law did not affect moral attitudes toward prostitution. However, in the Norwegian capital, where prostitution was more visible before the reform, the law made people more negative toward buying sex. This supports the claim that proximity and visibility are important factors for the internalization of legal norms.     

The NHS Information Revolution: ‘Choice of Control’ to ‘Choice’ and ‘Control’

This paper provides a novel and critical analysis of the necessary and important balance between ‘individual privacy’ and ‘collective transparency’. We suggest that the onset of the Information Revolution has created a dilemma for the National Health Service (NHS) in terms of how it addresses its obligation to use information to improve best practice in healthcare for society (‘collective transparency’) whilst also keeping sensitive personal information confidential (‘individual privacy’). There is clearly a need to consider both whether the NHS is balancing this critically important informational relationship and whether its approach is fit for purpose. We argue that the NHS's ‘proxy-individual’ information guardian role could inadvertently mask individuals' intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. In this article we have identified three issues – first the prevailing ‘Mindset’ (the ‘M’) of ‘privacy’, which is viewed as individualistic, resulting in an overpowering concept of confidentiality; second, the quality and control of Information (the first ‘I’); and third, the concept of innovation (the second ‘i’), which is being used as a ‘solution’ rather than a vehicle for transparency. Indeed, transparency is our target of ‘best practice,’ and we suggest that individual privacy and collective transparency are best embedded within a complementary privacy framework that offers a better fit than the current split of control between the roles of the NHS and the roles of the individual. It is suggested that when facilitated by transparency, ‘control’ and ‘privacy’ form a continuum, aligning through the desire for choice. Therefore, the choice of control could facilitate control and choice. Together, they could replace the concept of privacy by empowering ‘informed patients’ to support the NHS's ‘No decision about me, without me’ pledge.     

How Do They ‘End Up Together’? A Social Network Analysis of Self-Control,Homophily, and Adolescent Relationships

Self-control theory (Gottfredson and Hirschi 1990) argues that individuals with similar attributes tend to ‘end up together’ (i.e., homophily) because of the tendency to select friends based on self-control. Studies documenting homophily in peer groups interpret the correlation between self-control, peer delinquency, and self-reported delinquency as evidence that self-control is an influential factor in friendship formation. However, past studies are limited because they do not directly test the hypothesis that self-control influences friendship selection, nor do they account for other mechanisms that may influence decisions. As a result, it is unclear whether the correlation between individual and peer behavior is the result of selection based on self-control or alternative mechanisms. To address this gap in the literature this study employs exponential random graph modeling to test hypotheses derived from self-control theory using approximately 63,000 respondents from 59 schools from the National Longitudinal Survey of Adolescent Health (Add Health). In contrast to the predictions made by Gottfredson and Hirschi (1990), and the conclusions drawn from prior research, there is little evidence that self-control influences friendship selection. The findings are embedded in past work on the relationship between self-control and peer relationships, and implications for future research are discussed.     

Eternal Return? Social Science Perspectives of ‘Upstream’ Terrorist Activities

The 9/11 attacks stimulated an unprecedented academic interest in the study of terrorism; bringing a range of new disciplinary perspectives, theoretical frameworks and empirical tools to the subject. Within a broad social science perspective, this paper seeks to draw on these cross-disciplinary resources to understand pre-attack terrorist activities. In doing so, the paper first reviews some of the key themes relating to the study of terrorism including (but not restricted to) empirical values, the duplication of knowledge, points of consensus, and the focus on individual and deterministic features. The paper then examines conceptualizations of ‘terrorism as a process’ as they relates to pre-attack activities and considers current analyses relating to this issue. Here, temporal features of attack cycles are particularly prominent. The third area of analysis draws from a range of social science disciplines – including environmental psychology, human geography, sociology and criminology – to investigate the prospects of furnishing these accounts with spatial detail. These discussions are organized by a number of overarching arguments. These include: the importance of inter-relationships between counter-terrorism practice and precise understandings of terrorist action; and of exercising caution over deterministic pathways of action and accounts that focus too heavily on the individual level of action.     

Changing the meaning of ‘vulnerable’ under the homelessness legislation?

The Supreme Court judgement in Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] 2W.L.R. 1341 appears to have significantly altered prevailing understandings of the meaning of ‘vulnerability’ within the homelessness legislation’s concept of priority need. This paper analyses Hotak’s doctrinal effects, and questions both the adequacy of the court’s reasoning and the likelihood of those formal doctrinal changes leading to a concomitant alteration to the content of the decisions that local authorities reach.     

"We Do Not Want Any ‘Orange Revolutions’"

The Ministry of Internal Affairs is being reformed by eight secret policemen, one procurator, a former trader, a customs official, a military lecturer, a lawyer, a poet-songwriter, and a jurist.     

A randomized experimental study of sharing crime data with citizens: Do maps produce more fear?

The larger roles of the community in crime prevention and improvements in technology have increased police–citizen communication and the distribution of information from police departments to private citizens. Combined, these changes have led to the current movement among law enforcement agencies toward sharing both summary reports and maps of crime with community groups. Although the dissemination of crime information is intended to benefit community members, there is a lack of empirical evidence demonstrating the effects of crime mapping on citizen perceptions and fear of crime. This experiment compared three formats for disseminating crime data; two popular types of crime maps (i.e., graduated symbol and density) and the traditional tabular format of crime statistics. A randomized experimental design was used to measure residents fear of crime and their perception of the safety of different areas of Redlands, CA. Overall, residents who viewed either type of map reported less fear than those who viewed tabular statistics. Respondents who viewed graduated symbol maps consistently reported less fear than either density maps or tabular statistics. However, there were differences depending on the type of map. While graduated symbol maps were associated with the lowest levels of fear of robbery, theft or assault; density maps produced different reactions depending on the area of the city. Finally, the maps did not stigmatize high crime areas of Redlands. Where statistically significant differences existed, respondents who were given maps were more likely to recommend someone move into an area than those who were given tabular statistics.     

‘Narcoballads’: The Psychology and Recruitment Process of the ‘Narco’

There have been several studies conducted about racist groups, gangs, cults, terrorist and other criminal organisations, but very little has been written about the psychology and recruitment process of the ‘narcotrafficker’. This is because like most criminal organisations, they tend to be secretive and difficult to penetrate by law enforcement, academics and others who wish to study them. Using an audio‐recorded content analysis of ‘narcocorridos’ — ballads glorifying the activities of the ‘narcos’ and describing their successes' — as well as Social Identity and Group theories, the author describes some of the techniques used to recruit individuals into drug cartels; the labels, stereotypes and images of the in-group versus the out-group and the similarities in the socialisation and recruitment process of other criminal organisations. This study shows the recruitment of individuals into drug cartels follow similar patterns to other criminal organisations including the need for power, belonging, respect, security and pride.     

Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment

Contemporary sociologists of punishment have criticized the rising incidence of incarceration and punitiveness across the Western world in recent decades. The concepts of populist punitiveness and penal populism have played a central role in their critiques of the burgeoning penal state. These concepts are frequently sustained by a doctrine of penal elitism, which delegates a limited right to politicians and ‘the people’ to shape institutions of punishment, favoring in their place the dominance of bureaucratic and professional elites. I argue that the technocratic inclinations of penal elitism are misguided on empirical, theoretical, and normative grounds. A commitment to democratic politics should make us wary of sidelining the public and their elected representatives in the politics of punishment. A brief discussion of Norway’s legal proceedings against Nazi collaborators in the mid-1940s and the introduction sentencing guidelines commissions in Minnesota in the 1980s shows – pace penal elitism – that professional elites may variously raise the banner of rehabilitationism or retributivism. While penal elitism may yield a few victorious battles against punitiveness, it will not win the war.     

Looters or Heroes? Production of Illegality and Memories of ‘Looting’ in Mali

My paper proposes an ethnographical perspective of the clandestine trade in antiquities in Mali by showing on one side the social organization (techniques, hierarchies, trade chains) of farmers-diggers; on the other side, by analyzing the rhetorics of illegality driven by officially-mandated cultural heritage policies. In particular the paper stresses the function of visuality in the construction of ‘illegal’ subjects and iconographies of ‘plunder’ circulated through national and international press. It shows that such an iconic power of images does befog self-representations of farmers-diggers (risk, courage, loneliness) which constitute the ethical cosmos of digging activities. In such a perspective, the debate over the looting of archaeological objects has become a reiterative product of national rhetorics of legality and illegality opposed to narratives of self-representations of marginality and heroization produced by ‘illegal’ actors.