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 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.     

Sperm elution: An improved two phase recovery method for sexual assault samples

This report describes the validation of a two phase cell recovery technique for the elution of two common cell types, epithelia and spermatozoa, from frequently examined items submitted as part of sexual assault casework. Furthermore, separation of cell types prior to microscopic examination of cell pellets improves the scientist's confidence in observing and scoring spermatozoa that may be present. During the validation, Orchid Cellmark's Sperm Elution© method consistently recovered a greater number of spermatozoa from simulated sexual assault items and swabs taken following consensual sexual intercourse compared to a water extraction technique. On average the Sperm Elution method recovered over twice the number of spermatozoa compared to the water method. The ability to separate the cell types present allows a rapid microscope slide search for spermatozoa and faster DNA extraction protocol in comparison to Cellmark's previous preferential method.     

Comparison of methods for visualizing blood on dark surfaces

Difficulties can arise when screening dark casework items for blood, a poor contrast between blood and the background can mean stains are not always evident. Typical indirect searching methods can be time consuming and may result in potentially important bloodstains being missed. Luminol, fluorescein, hydrogen peroxide, ultraviolet light and infrared photography were tested in an effort to find a rapid and efficient blood search tool for direct application to dark surfaces. Methods were compared in their sensitivity, specificity, ability to work on various surface types and their effect on DNA extraction and typing. Along with experimental results, the ease of use, costs and the health and safety considerations were also compared. Hydrogen peroxide was determined to be the most effective method. However, where blood was likely to be dilute, luminol was proposed due its greater sensitivity.     

Politics-as-usual on trial: regional anti-corruption campaigns in Indonesia

Abstract

This article explores to what extent to local pro-reform actors matter in Indonesia through the prism of anti-corruption campaigns in the country's regions. I argue that the rash of anti-corruption campaigns and related trials involving legislative members, especially from mid-2004 onward, can be attributed neither to the resources lavished on anti-corruption organizations based in Jakarta, nor to the popularity of President Yudhoyono's anti-corruption rhetoric. Instead, it can be traced to a particular anti-corruption campaign that began in earnest in 2002 in Padang, West Sumatra. Using a multi-dimensional approach, a small group of activists relentlessly pursued their newly elected provincial legislators to be accountable to their democratic mandates and as important, to respect the rule of law pursuant to new national anti-corruption legislation. The guilty verdicts of May 2004 galvanized similar groups across the country to investigate their respective legislative bodies. This exemplary case of societal accountability also demonstrated the leverage activists can gain over local politicians when they forge coalitions with other elite actors, especially those in Jakarta. I further explore two anti-corruption cases in the province of West Kalimantan to place post-Padang developments in their proper perspective. If hopes were raised that regional anti-corruption movements–based on the Padang model–might accomplish more than sensational trials but help consolidate democracy at the regional level by holding elected officials accountable, these two examples show how fleeting these expectations might be. The trials that took place but which produced no convictions resulted from the fallout of local political tussles, and not from local civil society organizations galvanized by the ideals of transparency and good governance.     

Case note: a first experience with sea reporting

The City of Boca Raton, Florida has begun experimentation with Service Efforts and Accomplishments reporting. Sanitation was the focus because the department had been selected to participate in the City's detailed operations review for the annual reporting period. This paper describes the City's project, discusses the impact, and identifies lessons learned through the City's first attempt at SEA reporting. Although challenging, the City considers this initial effort a success and plans to continue experimentation.     

Unusual results due to transfused blood.

During a murder enquiry, the forensic science investigation used PGM and EAP blood grouping systems and detected a mixture of blood on the deceased's jacket. The blood groups matched those of the deceased and accused. The results of DNA analysis, however, proved that only a single source of DNA, matching the deceased, was present. Supplementary information relating to the transfusion of the individual whilst still wearing his clothing led the authors to conclude that a mixture of transfused blood and the individual's own blood had effused from his body via a stab wound, and onto his clothing.