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.     

The use of the M-Vac® wet-vacuum system as a method for DNA recovery

Collecting sufficient template DNA from a crime scene sample is often challenging, especially with low quantity samples such as touch DNA (tDNA). Traditional DNA collection methods such as double swabbing have limitations, in particular when used on certain substrates which can be found at crime scenes, thus a better collection method is advantageous. Here, the effectiveness of the M-Vac® Wet-Vacuum System is evaluated as a method for DNA recovery on tiles and bricks. It was found that the M-Vac® recovered 75% more DNA than double swabbing on bricks. However, double swabbing collected significantly more DNA than the M-Vac® on tiles. Additionally, it was found that cell-free DNA is lost in the filtration step of M-Vac® collection. In terms of peak height and number of true alleles detected, no significant difference was found between the DNA profiles obtained through M-Vac® collection versus double swabbing of tDNA depositions from 12 volunteers on bricks. The results demonstrate that the M-Vac® has potential for DNA collection from porous surfaces such as bricks, but that alterations to the filter apparatus would be beneficial to increase the amount of genetic material collected for subsequent DNA profiling. These results are anticipated to be a starting point to validate the M-Vac® as a DNA collection device, providing an alternative method when DNA is present on a difficult substrate, or if traditional DNA collection methods have failed.     

The pedagogy of legal reasoning: democracy,discourse and community

Learning legal reasoning is a central part of any undergraduate law degree and remains a threshold concept: one which is vital for any law student to grasp, but which is often difficult to explain. It is a form of reasoning which is very distinctive to the discipline. This article explores the applicability of learning theories typically used to ground pedagogy in higher education to the specific task of teaching legal reasoning. Constructivist or experiential theories of learning are widely used in higher education, but they need to be used with a clear focus on the specific nature of legal reasoning, which does not fit neatly within the assumptions about learning which underpin many constructivist approaches. Situated learning theories, which place emphasis on the role of the community in constructing knowledge, can also be of value. However, steps need to be taken to avoid replicating the hierarchy of the legal community within educational communities. Overall, the pedagogy of legal reasoning needs to pay attention to the specific nature of legal reasoning, to enable students to access the discourse of the legal community to use as a model, and to take students seriously as members of that community.     

The low income housing tax credit and racial segregation

This paper addresses a critical but almost unexamined aspect of the Low Income Housing Tax Credit (LIHTC) program – whether its use (and in particular, the siting of developments in high-poverty/high-minority neighborhoods), is associated with increased racial segregation in the metropolitan area. Using data from the Department of Housing and Urban Development (HUD) and the Census, supplemented with data on the racial composition of LIHTC tenants in three states, we examine three potential channels through which the LIHTC could affect segregation: where LIHTC units are built relative to where other low income households live, who lives in these tax credit developments, and changes in neighborhood racial composition in neighborhoods that receive tax credit projects. The evidence on each of these channels suggests that LIHTC projects do not contribute to increased segregation, even those in high poverty neighborhoods. We find that increases in the use of tax credits are associated with declines in racial segregation at the metropolitan level.     

Decomposition and Arthropod Succession in Whitehorse,Yukon Territory,Canada

Forensic arthropod succession patterns are known to vary between regions. However, the northern habitats of the globe have been largely left unstudied. Three pig carcasses were studied outdoors in Whitehorse, Yukon Territory. Adult and immature insects were collected for identification and comparison. The dominant Diptera and Coleoptera species at all carcasses were Protophormia terraneovae (R‐D) (Fam: Calliphoridae) and Thanatophilus lapponicus (Herbst) (Fam: Silphidae), respectively. Rate of decomposition, patterns of Diptera and Coleoptera succession, and species dominance were shown to differ from previous studies in temperate regions, particularly as P. terraenovae showed complete dominance among blowfly species. Rate of decomposition through the first four stages was generally slow, and the last stage of decomposition was not observed at any carcass due to time constraints. It is concluded that biogeoclimatic range has a significant effect on insect presence and rate of decomposition, making it an important factor to consider when calculating a postmortem interval.     

Analyzing Forensic Evidence Based on Density with Magnetic Levitation

This paper describes a method for determining the density of contact trace objects with magnetic levitation (MagLev). MagLev measurements accurately determine the density (±0.0002 g/cm³) of a diamagnetic object and are compatible with objects that are nonuniform in shape and size. The MagLev device (composed of two permanent magnets with like poles facing) and the method described provide a means of accurately determining the density of trace objects. This method is inexpensive, rapid, and verifiable and provides numerical values—independent of the specific apparatus or analyst—that correspond to the absolute density of the sample that may be entered into a searchable database. We discuss the feasibility of MagLev as a possible means of characterizing forensic‐related evidence and demonstrate the ability of MagLev to (i) determine the density of samples of glitter and gunpowder, (ii) separate glitter particles of different densities, and (iii) determine the density of a glitter sample that was removed from a complex sample matrix.     

Information Improves Provider Behaviour: A Replication Study of a Community-Based Monitoring Programme in Uganda

In ‘Power to the People: Evidence from a Randomised Field Experiment on Community-Based Monitoring in Uganda’ (2009), Björkman and Svensson show that a relatively simple intervention – providing community-level health service delivery information and guidance on community-based monitoring – improved provider behaviour, health care utilisation, and health outcomes. In this paper we conduct a pure replication of the original study and extend the original analysis. Overall, we find that the intervention modified healthcare provider behaviours and utilisation, but that the results surrounding the programme’s impact on health outcomes appear less robust.     

A tough act to follow: traumatic executive departure and the post-transformational context

After turning their organizations around, transformational leaders often move on, taking new roles outside or even within the organization. Sometimes these changes occur in abrupt and traumatic circumstances, raising an important question: what is the impact on an organization when the transformational leader suddenly exits? This article examines the factors that shape the “post-transformational context” facing the successor to a transformational figure. These factors are seen to affect the organization's identity and followers' commitment to it. A framework and research propositions are presented, focusing on: antecedent conditions in the organization; the nature of the leader's departure; the emotional responses characterizing such situations; and the effects on organizational systems. These dynamics are examined in an illustrative case, and suggestions are made for further research.