Clarity,surprises, and further questions in the Article 29 Working Party draft guidance on automated decision-making and profiling

The Article 29 Data Protection Working Party's recent draft guidance on automated decision-making and profiling seeks to clarify European data protection (DP) law's little-used right to prevent automated decision-making, as well as the provisions around profiling more broadly, in the run-up to the General Data Protection Regulation. In this paper, we analyse these new guidelines in the context of recent scholarly debates and technological concerns. They foray into the less-trodden areas of bias and non-discrimination, the significance of advertising, the nature of “solely” automated decisions, impacts upon groups and the inference of special categories of data—at times, appearing more to be making or extending rules than to be interpreting them. At the same time, they provide only partial clarity – and perhaps even some extra confusion – around both the much discussed “right to an explanation” and the apparent prohibition on significant automated decisions concerning children. The Working Party appears to feel less mandated to adjudicate in these conflicts between the recitals and the enacting articles than to explore altogether new avenues. Nevertheless, the directions they choose to explore are particularly important ones for the future governance of machine learning and artificial intelligence in Europe and beyond.     

HOW THE WEST LOST ITS BEST OPPORTUNITY FOR RECONCILIATION IN AFGHANISTAN

The article asserts that the current situation in Afghanistan could have been quite different. Well before 9/11, Abdul Haq, a Pushtun and a veteran commander in the war against the Russians, put forward a plan to overthrow the Taliban from within, a plan which had significant support inside Afghanistan. Haq, who was subsequently killed by the Taliban, was ignored by the West, which chose instead to intervene militarily, to support the war lords of the Northern Alliance and thus to marginalise the Pushtuns. The 2002 Loya Jirga was the crucial moment for the West, which failed to realise that Pakistan had its own, very different agenda.     

Does Performance Management Lead to Better Outcomes? Evidence from the U.S. Public Transit Industry

Although performance management processes are widely assumed to be beneficial in improving organizational performance in the public sector, there is insufficient empirical evidence to back this claim. In this article, the authors examine the impact of performance management practices on organizational effectiveness in a particular segment of the public transit industry in the United States. The analysis utilizes original survey data on performance management practices comprising both strategy formulation and performance measurement in 88 small and medium‐sized local transit agencies in conjunction with comparative outcome data drawn from the National Transit Database maintained by the Federal Transit Administration. The results provide evidence that more extensive use of performance management practices does in fact contribute to increased effectiveness in this segment of the transit industry.     

Bullying in Early Adolescence and Antisocial Behavior and Depression Six Years Later: What Are the Protective Factors?

This study identified factors that protected (a) adolescent bullies from becoming antisocial young adults, and (b) adolescent victims of bullying from subsequent depression. Data were drawn from the Australian Temperament Project, a population birth cohort study that has followed participants since 1983. Systematic examination of potential risk modifiers (protective factors) was conducted within a regression framework. Low negative reactivity was found to protect bullies from later antisocial outcomes and higher parental monitoring moderated (ameliorated) the risk relation between bullying and antisocial behavior. High social skills and understanding schoolwork protected victims from later depression, but high attachment to peers intensified the risk relation between victimization and later depression. Preventive interventions targeting interpersonal skills and parent and peer relationships may be effective in reducing adverse outcomes of bullying.     

Judicial Deference under the Human Rights Act

Judicial deference to the other branches of government has become a common judicial technique in cases arising under the Human Rights Act. The author outlines the current approach of British courts in deciding when to defer, arguing that it is flawed and unprincipled. The author goes on to argue that a principled approach to deference is necessary, and offers examples of when and how courts should defer to the other branches of government when considering constitutional claims.