The right to data portability in the GDPR: Towards user-centric interoperability of digital services

The right to data portability is one of the most important novelties within the EU General Data Protection Regulation, both in terms of warranting control rights to data subjects and in terms of being found at the intersection between data protection and other fields of law (competition law, intellectual property, consumer protection, etc.). It constitutes, thus, a valuable case of development and diffusion of effective user-centric privacy enhancing technologies and a first tool to allow individuals to enjoy the immaterial wealth of their personal data in the data economy. Indeed, a free portability of personal data from one controller to another can be a strong tool for data subjects in order to foster competition of digital services and interoperability of platforms and in order to enhance controllership of individuals on their own data. However, the adopted formulation of the right to data portability in the GDPR could benefit from further clarification: several interpretations are possible, particularly with regard to the object of the right and its interrelation with other rights, potentially leading to additional challenges within its technical implementation. The aim of this article is to propose a first systematic interpretation of this new right, by suggesting a pragmatic and extensive approach, particularly taking advantage as much as possible of the interrelationship that this new legal provision can have with regard to the Digital Single Market and the fundamental rights of digital users. In sum, the right to data portability can be approximated under two different perspectives: the minimalist approach (the adieu scenario) and the empowering approach (the fusing scenario), which the authors consider highly preferable.     

Electronic health records: international, structural and legal perspectives

The EHR is a database record that incorporates a patient's health care details from conception to death and which can be distributed over a number of sites or aggregated at a particular source. This article describes the function and concept of the EHR by relating it to other medical information technologies, parallel changes in health care delivery, and a holistic health information model. The article compares the progress that Europe, Australia and the United States have made in the journey towards EHR implementation and concludes by highlighting some of the costs, barriers and consequences associated with the transition to a comprehensive EHR system.     

Towards productive functions? A systematic review of institutional failure,its causes and consequences

Policy Sciences - Recognised as an integral part of the political process, the topic of institutional failure has recently received increased attention in the literature, particularly with respect...     

Measuring Local Autonomy in 39 Countries (1990–2014)

Local autonomy is a highly valued feature of good governance. The continuous efforts of many European countries to strengthen the autonomy of local government show the importance given to decentralization and the transfer of far-reaching competences to the lowest units. Measuring and comparing local autonomy, however, has proven to be challenging. Not only are there diverging ideas about the core elements of local autonomy, there are also considerable difficulties applying specific concepts to different countries. This paper outlines a comprehensive methodology for measuring local autonomy. It analyses 39 European countries and reports changes between 1990 and 2014. A network of experts on local government assessed the autonomy of local government of their respective countries on the basis of a common code book. The 11 variables measured show an overall increase of local autonomy but significant variation between the countries. The variables also add up to an overall measurement of local autonomy.     

NGO Structural Adaptation to Funding Requirements and Prospects for Democracy: The Case of the European Union

Most studies on voluntary organisations and advocacy groups focus on their contribution to democracy through participation in the policy-making process. The uniqueness of this study consists in shifting the emphasis to participatory democracy at the implementation stage of the policy process. We argue that public donors may affect the democratic potential of voluntary organisations at this stage. To this purpose, we explore the European Union's structuring effects. Firstly, the European Union manufactures a non-governmental organisation (NGO) landscape through a top-down process of redistribution of resources. Secondly, our attention is drawn to NGOs' adaptations of EU requirements, which entails a transformation process often at odds with participatory practices. In order to grasp the European Union's differential impact, we include in our analysis two sectors (humanitarian NGOs and social voluntary organisations) and two Member States (France and Spain).     

Governing complex societal problems: The impact of private on public regulation through technological change

When addressing complex societal problems, public regulation is increasingly complemented by private regulation. Extant literature has provided valuable insights into the effectiveness of such complex governance structures, with most empirical studies focusing on how public regulation influences private regulation. Conversely, the impact of private on public regulation is less well studied. Here, we investigate this impact with a focus on technological change as possible mechanism. Based on a case study of energy efficiency in buildings in Switzerland, we find evidence of a symbiotic interaction between public and private regulation that leads to ratcheting-up of regulatory stringency. We identify technological change as the mechanism linking private and public regulation. We discuss the relevance of our findings for governance literature and regulators.     

The Application of Remote Sensing for Detecting Mass Graves: An Experimental Animal Case Study from Costa Rica*

Abstract: Detection of mass graves utilizing the hyperspectral information in airborne or satellite imagery is an untested application of remote sensing technology. We examined the in situ spectral reflectance of an experimental animal mass grave in a tropical moist forest environment and compared it to an identically constructed false grave which was refilled with soil, but contained no cattle carcasses over the course of a 16‐month period. The separability of the in situ reflectance spectra was examined with a combination of feature selection and five different nonparametric pattern classifiers. We also scaled up the analysis to examine the spectral signature of the same experimental mass grave from an air‐borne hyperspectral image collected 1 month following burial. Our results indicate that at both scales (in situ and airborne), the experimental grave had a spectral signature that was distinct and therefore detectable from the false grave. In addition, we observed that vegetation regeneration was severely inhibited over the mass grave containing cattle carcasses for up to a period of 16 months. This experimental study has demonstrated the real utility of airborne hyperspectral imagery for the detection of a relatively small mass grave (5 m²) within a specific climatic zone. Other climatic zones will require similar actualistic modeling studies, but it is clear that the applications of this technology provide the international community with both an early detection tool and a tool for ongoing monitoring.