The ICO and artificial intelligence: The role of fairness in the GDPR framework

The year 2017 has seen many EU and UK legislative initiatives and proposals to consider and address the impact of artificial intelligence on society, covering questions of liability, legal personality and other ethical and legal issues, including in the context of data processing. In March 2017, the Information Commissioner's Office (UK) updated its big data guidance to address the development of artificial intelligence and machine learning, and to provide (GDPR), which will apply from 25 May 2018.This paper situates the ICO's guidance in the context of wider legal and ethical considerations and provides a critique of the position adopted by the ICO. On the ICO's analysis, the key challenge for artificial intelligence processing personal data is in establishing that such processing is fair. This shift reflects the potential for artificial intelligence to have negative social consequences (whether intended or unintended) that are not otherwise addressed by the GDPR. The question of ‘fairness’ is an important one, to address the imbalance between big data organisations and individual data subjects, with a number of ethical and social impacts that need to be evaluated.     

Enter the quagmire – the complicated relationship between data protection law and consumer protection law

This article examines the complex relationship between consumer protection law and data protection law, particularly within the EU's online environment, and highlights the problems that stem from this complexity. It suggests that, while there are significant similarities between their respective sources, tools and purposes, there are also arguable differences between consumer protection law and data protection law. One such arguable difference is found in that, while consumer protection law can be seen to merely set a floor in its pursuit of a sufficiently high level of consumer protection, data protection law – due to its clearly articulated dual purposes of (a) protecting individuals with regard to the processing of personal data and (b) providing for the free movement of such data – sets both a floor and a ceiling.Having discussed the relationship between consumer protection law and data protection law in more detail, the argument is made that it seems possible to conclude that the balance struck in the Data Protection Directive, and soon in the General Data Protection Regulation, places limitations on consumer protection law. The implications of this conclusion are then examined briefly in the context of some matters currently coming before the CJEU and the contours of a framework are presented, addressing situations where a data protection-based liability claim is pursued against a third-party non-controller under consumer protection law.     

Cross border data transfer: Complexity of adequate protection and its exceptions

The majority of the fear that exists about the cloud arises due to the lack of transparency in the cloud. Fears have persisted in relation to how the data are frequently transferred in a cloud for various purposes which includes storing and processing. This is because the level of protection differs between countries and cloud users who belong to countries which provide a high level of protection will be less in favour of transfers that reduce the protection that was originally accorded to their data. Hence, to avoid client dissatisfaction, the Data Protection Directive has stated that such transfers are generally prohibited unless the country that data is being transferred to is able to provide ‘appropriate safeguards’. This article will discuss the position of the Data Protection Directive and how the new General Data Protection Regulation differs from this Directive. This involves the discussion of the similarity as well as the differences of the Directive and Regulation. In summary, it appears that the major principles of the cross border transfer are retained in the new regulation. Furthermore, the article discusses the exceptions that are provided in the standard contractual clause and the reason behind the transition from Safe Harbor to the new US-EU Privacy Shield. This article subsequently embarks on the concept of Binding Corporate Rule which was introduced by the working party and how the new regulation has viewed this internal rule in terms of assisting cross border data transfer. All the issues that will be discussed in this article are relevant in the understanding of cross border data transfer.     

The electoral roots of unequal representation. A spatial modelling approach to party systems and voting in Western Europe

For a number of Western democracies, it has been observed that the preferences of poor and rich citizens are unequally represented in political institutions and outcomes. Yet, the causes of this phenomenon are still under debate. We focus on the role of elections in this process, by disentangling biases towards different income groups that stem from the party system and from voters’ behaviour. Our aim is to uncover whether elections as selection mechanisms contribute to unequal representation by analysing factors of the supply and demand sides of the electoral process. On the supply side, we focus on the congruence of parties’ policy offers and voters’ preference distributions. This shapes citizens’ possibilities to express their policy preferences. On the demand side, we are interested in the extent to which citizens from different income groups base their vote decisions on their policy preferences. The empirical analysis relies on the European Social Survey and the Chapel Hill Expert Survey and covers 13 Western European countries. Our results indicate, first, that the economic and cultural preferences of poor and rich citizens differ significantly, and second, that party systems in the countries under investigation represent the lowest income groups the worst, and the middle income groups the best. This makes it difficult for citizens at both the lower and the higher end of the income distribution to voice their preferences in elections. Additionally, we show that low income citizens tend to take policy less into consideration when making an electoral choice than richer citizens. Thus, while the rich make up for their representation bias by taking policy more into account in their voting behaviour, the electoral stage poses another obstacle for the poor to overcome the representation bias. In summary it can be said that already on the supply side there is an unbalanced disadvantage in terms of representation for the very poor and the very rich, but the pattern leads to an even more asymmetrical misrepresentation of the poor due to the election act.     

Elite-public interaction on twitter: EU issue expansion in the campaign

Why do some issues receive more interest from the public, while others do not? This paper develops a theoretical and empirical approach that explains the degree to which issues expand from the elite to the public. We examine how candidates in the 2014 European Parliament elections talked about EU issues, in comparison to other political issues. We rely on data collected from Twitter and use a combination of human coding and machine learning to analyse what facilitates interactions from the public. We find that most political actors did not try to engage with the public about EU issues, and lack of engagement results in less interactions from the general public. Our findings contribute to understanding why EU issues still play a secondary role in European politics, but at the same time highlight what low-cost communicational tools might be useful to overcome this expansion deficit.     

论德国宪法人格权——以一般行为自由为参照

宪法人格权与民法人格权构成德国人格权法的两大组成部分。德国宪法人格权以基本法2条1款为基础规范。基于对2条1款的不同解读,宪法人格权经历了人格核心或一般行为自由,一般人格权和一般行为自由,以及自由的平等权维度三个阶段的发展,并形成了无名基本权和有名基本权两大权利体系。     

The effect of generation and age on turnout to the European Parliament – How turnout will continue to decline in the future

Electoral turnout has been declining at national elections in almost all Western democracies. European Parliament (EP) elections have followed the same trend. We utilize a previously suggested method for separating the effect of generation, age and period and show that a major part of the decline can be attributed to the difference in turnout between pre- and post-baby-boomer generations though there are substantial differences across countries. Age has a curvilinear effect on turnout even when generation is taken into account, but the age composition has remained relatively stable over time. We utilize the estimated coefficients to predict future changes in turnout as a result of the expected shifts in the generational and age compositions over the next 30 years. The results point to a continued decline in turnout to EP elections – especially between the years of 2020 and 2040.     

Introduction: Regulation and Oversight of Digital Campaigning—Problems and Solutions

The regulation of digital technology is gaining increased attention within policy making circles. With growing recognition of the power held by digital media companies and the need to enforce democratic values online, policy makers are reviewing opportunities for oversight. Introducing a special section looking at the regulation of digital election campaigning, this article reviews the case for regulatory reform, the proposed type of regulatory change, and the practice of regulatory innovation. Noting the pace of digital change, it argues that there is a need to think more extensively about the design of any regulatory response in order to prevent systems of oversight becoming obsolete.     

Winning at the polls and in the polls: the incumbency advantage in surveys of U.S. house voters

The success of House incumbents at the polls is well known and has been studied extensively. This paper focuses on the incumbents' success in the polls: the support bestowed upon incumbents by survey respondents is substantially higher than that received from the voters. The incumbency advantage at the polls, estimated at about 10% in the most recent elections, is almost doubled when measured in the polls. The data, drawn from the 1982–1996 National Election Studies, show that respondents do not reward all winners; candidates elected to open seats have not benefitted from the kind of bounce consistently enjoyed by winning incumbents. In addition, the pattern of respondents' misreports appears to be inconsistent with earlier explanations based on instrument effects. Respondent bias should be accounted for in order to reach correct estimates of the incumbency advantage in individual-level data.     

服务贸易总协定的主要法律制度分析

服务贸易总协定(GeneralAgreementinTrades,简称GATs)是历史上第一个关于服务贸易的全球性具有法律约束力的多边协议,是国际服务贸易逐步实现自由化的里程碑,它对于消除和降低贸易壁垒,消除服务贸易的垄断,推动国际服务贸易的发展具有十分重要的意义。然而它也只是一个谨慎的阶段性的妥协产物,仍有许多需要明确和完善之处。