Tag Archives: politics

Data Protection Bill 2017: summary of source links

The Data Protection Bill [Exemptions from GDPR] was introduced to the House of Lords on 13 September 2017
  • Introduction page [link] 14.9.2017
  • Data Protection Bill (HL Bill 66) [web link]
  • Data Protection Bill (HL Bill 66) [PDF] 832KB, 218 pages
  • Progress of the Data Protection Bill [HL] 2017-19 [web link]
UK Data Protection Bill Overview
  • Data Protection Bill Explanatory Notes [PDF], 1.2MB, 112 pages
  • Data Protection Bill Overview Factsheet [PDF], 229KB, 4 pages
  • Data Protection Bill Impact Assessment [PDF], 123KB, 5 pages
The General Data Protection Regulation

The General Data Protection Regulation [PDF] 959KB, 88 pages

Related Factsheets
  • General Processing Factsheet, [PDF], 141KB, 3 pages
  • Law Enforcement Data Processing Factsheet [PDF], 226KB, 3 pages
  • National Security Data Processing Factsheet [PDF], 231KB, 4 pages
These parts of the bill concern the function of the Information Commissioner and her powers of enforcement
  • Information Commissioner and Enforcement Factsheet [PDF] 223KB, 4 pages
  • Data sharing code of practice [PDF]
GDPR possible derogations

Source credit Amberhawk: Chris Pounder

Member State law can allow modifications to Articles 4(7), 4(9),  6(2), 6(3)(b), 6(4),  8(1), 8(3), 9(2)(a), 9(2)(b), 9(2)(g), 9(2)(h), 9(2)(i), 9(2)(j), 9(3), 9(4),  10,  14(5)(b), 14(5)(c), 14(5)(d),  17(1)(e), 17(3)(b), 17(3)(d), 22(2)(b),  23(1)(e),  26(1),  28(3), 28(3)(a), 28(3)(g), 28(3)(h), 28(4),  29,  32(4),  35(10), 36(5),  37(4),  38(5),  49(1)(g), 49(4), 49(5),  53(1), 53(3),  54(1), 54(2),  58(1)(f), 58(2), 58(3), 58(4), 58(5),  59,  61(4)(b),  62(3),  80,  83(5)(d), 83(7), 83(8),  85,  86,  87,  88,  89,  and 90 of the GDPR.

Other relevant significant connected legislation
  • The Police and Crime Directive [web link] 
  • EU Charter of Fundamental Rights – European Commission [link]
  • The proposed Regulation on Privacy and Electronic Communications [web link]
  • Draft modernised convention for the protection of individuals with regard to the processing of personal data (convention 108)
Data Protection Bill Statement of Intent
  • DCMS Statement of Intent [PDF] 229KB, 4 pages
  • Letter to Stakeholders [PDF] 184KB, 2 pages 7 Aug 2017
Other links on derogations and data processing
  • On Adequacy: Data transfers between the EU and UK post Brexit? Andrew D. Murray Article [link]
  • Two Birds [web link]
  • ICO legal basis for processing and children [link]
  • Public authorities under the Freedom of Information Act (ICO) Public authorities under FOIA 120160901 Version: 2.2 [link] 
Blogs [links in date of post]
  • Amberhawk
    • On Adequacy:  Draconian powers in EU Withdrawal Bill can negate new Data Protection law [13.09]
    • Queen’s Speech, and the promised “Data Protection (Exemptions from GDPR) Bill [29.06]
  • Jon Baines
    • Serious DCMS error about consent data protection [11.08]
  • Eoin O’Dell
    • The UK’s Data Protection Bill 2017: repeals and compensation – updated: On DCMS legislating for Art 82 GDPR. [14.09]

Data Protection Bill Consultation: General Data Protection Regulation Call for Views on exemptions
  • New Data Protection Bill: Our planned reforms [PDF] 952KB, 30 pages
  • London Economics: Research and analysis to quantify benefits arising from personal data rights under the GDPR [PDF] 3.76MB 189 pages
  • ICO response to DCMS [link]
  • ESRC joint submissions on EU General Data Protection Regulation in the UK – Wellcome led multi org submission plus submission from British Academy / Erdos [link]
  • defenddigitalme response to the DCMS [link]
Minister for Digital Matt Hancock’s keynote address to the UK Internet Governance Forum, 13 September [link].

“…the Data Protection Bill, which will bring our data protection regime into the twenty first century, giving citizens more sovereignty over their data, and greater penalties for those who break the rules.

“With AI and machine learning, data use is moving fast. Good use of data isn’t just about complying with the regulations, it’s about the ethical use of data too.

“So good governance of data isn’t just about legislation – as important as that is – it’s also about establishing ethical norms and boundaries, as a society.  And this is something our Digital Charter will address too.”

Media links

14.09 BBC UK proposes exemptions to Data Protection Bill

Failing a generation is not what post-Brexit Britain needs

Basically Britain needs Prof. Brian Cox shaping education policy:

“If it were up to me I would increase pay and conditions and levels of responsibility and respect significantly, because it is an investment that would pay itself back many times over in the decades to come.”

Don’t use children as ‘measurement probes’ to test schools

What effect does using school exam results to reform the school system have on children? And what effect does it have on society?

Last autumn Ofqual published a report and their study on consistency of exam marking and metrics.

The report concluded that half of pupils in English Literature, as an example, are not awarded the “correct” grade on a particular exam paper due to marking inconsistencies and the design of the tests.
Given the complexity and sensitivity of the data, Ofqual concluded, it is essential that the metrics stand up to scrutiny and that there is a very clear understanding behind the meaning and application of any quality of marking.  They wrote that, “there are dangers that information from metrics (particularly when related to grade boundaries) could be used out of context.”

Context and accuracy are fundamental to the value of and trust in these tests. And at the moment, trust is not high in the system behind it. There must also be trust in policy behind the system.

This summer two sets of UK school tests, will come under scrutiny. GCSEs and SATS. The goal posts are moving for children and schools across the country. And it’s bad for children and bad for Britain.

Grades A-G will be swapped for numbers 1 -9

GCSE sitting 15-16 year olds will see their exams shift to a numerical system, scoring from the highest Grade 9 to Grade 1, with the three top grades replacing the current A and A*. The alphabetical grading system will be fully phased out by 2019.

The plans intended that roughly the same proportion of students as have achieved a Grade C will be awarded a new Grade 4 and as Schools Week reported: “There will be two GCSE pass rates in school performance tables.”

One will measure grade 5s or above, and this will be called the ‘strong’ pass rate. And the other will measure grade 4s or above, and this will be the ‘standard’ pass rate.

Laura McInerney summed up, “in some senses, it’s not a bad idea as it will mean it is easier to see if the measures are comparable. We can check if the ‘standard’ rate is better or worse over the next few years. (This is particularly good for the DfE who have been told off by the government watchdog for fiddling about with data so much that no one can tell if anything has worked anymore).”

There’s plenty of confusion in parents, how the numerical grading system will work. The confusion you can gauge in playground conversations, is also reflected nationally in a more measurable way.

Market research in a range of audiences – including businesses, head teachers, universities, colleges, parents and pupils – found that just 31 per cent of secondary school pupils and 30 per cent of parents were clear on the new numerical grading system.

So that’s a change in the GCSE grading structure. But why? If more differentiators are needed, why not add one or two more letters and shift grade boundaries? A policy need for these changes is unclear.

Machine marking is training on ten year olds

I wonder if any of the shift to numerical marking, is due in any part to a desire to move GCSEs in future to machine marking?

This year, ten and eleven year olds, children in their last year of primary school, will have their SATs tests computer marked.

That’s everything in maths and English. Not multiple choice papers or one word answers, but full written responses. If their f, b or g doesn’t look like the correct  letter in the correct place in the sentence, then it gains no marks.

Parents are concerned about children whose handwriting is awful, but their knowledge is not. How well can they hope to be assessed? If exams are increasingly machine marked out of sight, many sent to India, where is our oversight of the marking process and accuracy?

The concerns I’ve heard simply among local parents and staff, seem reflected in national discussions and the assessor, Oftsed. TES has reported Ofsted’s most senior officials as saying that the inspectorate is just as reluctant to use this year’s writing assessments as it was in 2016. Teachers and parents locally are united in feeling it is not accurate, not fair, and not right.

The content is also to be tougher.

How will we know what is being accurately measured and the accuracy of the metrics with content changes at the same time? How will we know if children didn’t make the mark, or if the marks were simply not awarded?

The accountability of the process is less than transparent to pupils and parents. We have little opportunity for Ofqual’s recommended scrutiny of these metrics, or the data behind the system on our kids.

Causation, correlation and why we should care

The real risk is that no one will be able to tell if there is an error, where it stems from, and where there is a reason if pass rates should be markedly different from what was expected.

After the wide range of changes across pupil attainment, exam content, school progress scores, and their interaction and dependencies, can they all fit together and be comparable with the past at all?

If the SATS are making lots of mistakes simply due to being bad at reading ten year’ old’s handwriting, how will we know?

Or if GCSE scores are lower, will we be able to see if it is because they have genuinely differentiated the results in a wider spread, and stretched out the fail, pass and top passes more strictly than before?

What is likely, is that this year’s set of children who were expecting As and A star at GCSE but fail to be the one of the two children nationally who get the new grade 9, will be disappointed to feel they are not, after all, as great as they thought they were.

And next year, if you can’t be the one or two to get the top mark, will the best simply stop stretching themselves and rest a bit easier, because, whatever, you won’t get that straight grade As anyway?

Even if children would not change behaviours were they to know, the target range scoring sent by third party data processors to schools, discourages teachers from stretching those at the top.

Politicians look for positive progress, but policies are changing that will increase the number of schools deemed to have failed. Why?

Our children’s results are being used to reform the school system.

Coasting and failing schools can be compelled to become academies.

Government policy on this forced academisation was rejected by popular revolt. It appears that the government is determined that schools *will* become academies with the same fervour that they *will* re-introduce grammar schools. Both are unevidenced and unwanted. But there is a workaround.  Create evidence. Make the successful scores harder to achieve, and more will be seen to fail.

A total of 282 secondary schools in England were deemed to be failing by the government this January, as they “have not met a new set of national standards”.

It is expected that even more will attain ‘less’ this summer. Tim Leunig, Chief Analyst & Chief Scientific Adviser Department for Education, made a personal guess at two reaching the top mark.

The context of this GCSE ‘failure’ is the changes in how schools are measured. Children’s progress over 8 subjects, or “P8” is being used as an accountability measure of overall school quality.

But it’s really just: “a school’s average Attainment 8 score adjusted for pupils’ Key Stage 2 attainment.” [Dave Thomson, Education Datalab]

Work done by FFT Education Datalab showed that contextualising P8 scores can lead to large changes for some schools.  (Read more here and here). You cannot meaningfully compare schools with different types of intake, but it appears that the government is determined to do so. Starting ever younger if new plans go ahead.

Data is being reshaped to tell stories to fit to policy.

Shaping children’s future

What this reshaping doesn’t factor in at all, is the labelling of a generation or more, with personal failure, from age ten and up.

All this tinkering with the data, isn’t just data.

It’s tinkering badly with our kids sense of self, their sense of achievement, aspiration, and with that; the country’s future.

Education reform has become the aim, and it has replaced the aims of education.

Post-Brexit Britain doesn’t need policy that delivers ideology. We don’t need “to use children as ‘measurement probes’ to test schools.

Just as we shouldn’t use children’s educational path to test their net worth or cost to the economy. Or predict it in future.

Children’s education and human value cannot be measured in data.

Information society services: Children in the GDPR, Digital Economy Bill & Digital Strategy

In preparation for The General Data Protection Regulation (GDPR) there  must be an active UK decision about policy in the coming months for children and the Internet – provision of ‘Information Society Services’. The age of consent for online content aimed at children from May 25, 2018 will be 16 by default unless UK law is made to lower it.

Age verification for online information services in the GDPR, will mean capturing parent-child relationships. This could mean a parent’s email or credit card unless there are other choices made. What will that mean for access to services for children and to privacy? It is likely to offer companies an opportunity for a data grab, and mean privacy loss for the public, as more data about family relationships will be created and collected than the content provider would get otherwise.

Our interactions create a blended identity of online and offline attributes which I suggested in a previous post, create synthesised versions of our selves raises questions on data privacy and security.

The goal may be to protect the physical child. The outcome will mean it simultaneously expose children and parents to risks that we would not otherwise be put through increased personal data collection. By increasing the data collected, it increases the associated risks of loss, theft, and harm to identity integrity. How will legislation balance these risks and rights to participation?

The UK government has various work in progress before then, that could address these questions:

But will they?

As Sonia Livingstone wrote in the post on the LSE media blog about what to expect from the GDPR and its online challenges for children:

“Now the UK, along with other Member States, has until May 2018 to get its house in order”.

What will that order look like?

The Digital Strategy and Ed Tech

The Digital Strategy commits to changes in National Pupil Data  management. That is, changes in the handling and secondary uses of data collected from pupils in the school census, like using it for national research and planning.

It also means giving data to commercial companies and the press. Companies such as private tutor pupil matching services, and data intermediaries. Journalists at the Times and the Telegraph.

Access to NPD via the ONS VML would mean safe data use, in safe settings, by safe (trained and accredited) users.

Sensitive data — it remains to be seen how DfE intends to interpret ‘sensitive’ and whether that is the DPA1998 term or lay term meaning ‘identifying’ as it should — will no longer be seen by users for secondary uses outside safe settings.

However, a grey area on privacy and security remains in the “Data Exchange” which will enable EdTech products to “talk to each other”.

The aim of changes in data access is to ensure that children’s data integrity and identity are secure.  Let’s hope the intention that “at all times, the need to preserve appropriate privacy and security will remain paramount and will be non-negotiable” applies across all closed pupil data, and not only to that which may be made available via the VML.

This strategy is still far from clear or set in place.

The Digital Strategy and consumer data rights

The Digital Strategy commits under the heading of “Unlocking the power of data in the UK economy and improving public confidence in its use” to the implementation of the General Data Protection Regulation by May 2018. The Strategy frames this as a business issue, labelling data as “a global commodity” and as such, its handling is framed solely as a requirements needed to ensure “that our businesses can continue to compete and communicate effectively around the world” and that adoption “will ensure a shared and higher standard of protection for consumers and their data.”

The GDPR as far as children goes, is far more about protection of children as people. It focuses on returning control over children’s own identity and being able to revoke control by others, rather than consumer rights.

That said, there are data rights issues which are also consumer issues and  product safety failures posing real risk of harm.

Neither The Digital Economy Bill nor the Digital Strategy address these rights and security issues, particularly when posed by the Internet of Things with any meaningful effect.

In fact, the chapter Internet of Things and Smart Infrastructure [ 9/19]  singularly miss out anything on security and safety:

“We want the UK to remain an international leader in R&D and adoption of IoT. We are funding research and innovation through the three year, £30 million IoT UK Programme.”

There was much more thoughtful detail in the 2014 Blackett Review on the IoT to which I was signposted today after yesterday’s post.

If it’s not scary enough for the public to think that their sex secrets and devices are hackable, perhaps it will kill public trust in connected devices more when they find strangers talking to their children through a baby monitor or toy. [BEUC campaign report on #Toyfail]

“The internet-connected toys ‘My Friend Cayla’ and ‘i-Que’ fail miserably when it comes to safeguarding basic consumer rights, security, and privacy. Both toys are sold widely in the EU.”

Digital skills and training in the strategy doesn’t touch on any form of change management plans for existing working sectors in which we expect to see machine learning and AI change the job market. This is something the digital and industrial strategy must be addressing hand in glove.

The tactics and training providers listed sound super, but there does not appear to be an aspirational strategy hidden between the lines.

The Digital Economy Bill and citizens’ data rights

While the rest of Europe in this legislation has recognised that a future thinking digital world without boundaries, needs future thinking on data protection and empowered citizens with better control of identity, the UK government appears intent on taking ours away.

To take only one example for children, the Digital Economy Bill in Cabinet Office led meetings was explicit about use for identifying and tracking individuals labelled under “Troubled Families” and interventions with them. Why, when consent is required to work directly with people, that consent is being ignored to access their information is baffling and in conflict with both the spirit and letter of GDPR. Students and Applicants will see their personal data sent to the Student Loans Company without their consent or knowledge. This overrides the current consent model in place at UCAS.

It is baffling that the government is pursuing the Digital Economy Bill data copying clauses relentlessly, that remove confidentiality by default, and will release our identities in birth, marriage and death data for third party use without consent through Chapter 2, the opening of the Civil Registry, without any safeguards in the bill.

Government has not only excluded important aspects of Parliamentary scrutiny in the bill, it is trying to introduce “almost untrammeled powers” (paragraph 21), that will “very significantly broaden the scope for the sharing of information” and “specified persons”  which applies “whether the service provider concerned is in the public sector or is a charity or a commercial organisation” and non-specific purposes for which the information may be disclosed or used. [Reference: Scrutiny committee comments]

Future changes need future joined up thinking

While it is important to learn from the past, I worry that the effort some social scientists put into looking backwards,  is not matched by enthusiasm to look ahead and making active recommendations for a better future.

Society appears to have its eyes wide shut to the risks of coercive control and nudge as research among academics and government departments moves in the direction of predictive data analysis.

Uses of administrative big data and publicly available social media data for example, in research and statistics, needs further new regulation in practice and policy but instead the Digital Economy Bill looks only at how more data can be got out of Department silos.

A certain intransigence about data sharing with researchers from government departments is understandable. What’s the incentive for DWP to release data showing its policy may kill people?

Westminster may fear it has more to lose from data releases and don’t seek out the political capital to be had from good news.

The ethics of data science are applied patchily at best in government, and inconsistently in academic expectations.

Some researchers have identified this but there seems little will to action:

 “It will no longer be possible to assume that secondary data use is ethically unproblematic.”

[Data Horizons: New forms of Data for Social Research, Elliot, M., Purdam, K., Mackey, E., School of Social Sciences, The University Of Manchester, 2013.]

Research and legislation alike seem hell bent on the low hanging fruit but miss out the really hard things. What meaningful benefit will it bring by spending millions of pounds on exploiting these personal data and opening our identities to risk just to find out whether X course means people are employed in Y tax bracket 5 years later, versus course Z where everyone ends up self employed artists? What ethics will be applied to the outcomes of those questions asked and why?

And while government is busy joining up children’s education data throughout their lifetimes from age 2 across school, FE, HE, into their HMRC and DWP interactions, there is no public plan in the Digital Strategy for the coming 10 to 20 years employment market, when many believe, as do these authors in American Scientific, “around half of today’s jobs will be threatened by algorithms. 40% of today’s top 500 companies will have vanished in a decade.”

What benefit will it have to know what was, or for the plans around workforce and digital skills list ad hoc tactics, but no strategy?

We must safeguard jobs and societal needs, but just teaching people to code is not a solution to a fundamental gap in what our purpose will be, and the place of people as a world-leading tech nation after Brexit. We are going to have fewer talented people from across the world staying on after completing academic studies, because they’re not coming at all.

There may be investment in A.I. but where is the investment in good data practices around automation and machine learning in the Digital Economy Bill?

To do this Digital Strategy well, we need joined up thinking.

Improving online safety for children in The Green Paper on Children’s Internet Safety should mean one thing:

Children should be able to use online services without being used and abused by them.

This article arrived on my Twitter timeline via a number of people. Doteveryone CEO Rachel Coldicutt summed up various strands of thought I started to hear hints of last month at #CPDP2017 in Brussels:

“As designers and engineers, we’ve contributed to a post-thought world. In 2017, it’s time to start making people think again.

“We need to find new ways of putting friction and thoughtfulness back into the products we make.” [Glanceable truthiness, 30.1.2017]

Let’s keep the human in discussions about technology, and people first in our products

All too often in technology and even privacy discussions, people have become ‘consumers’ and ‘customers’ instead of people.

The Digital Strategy may seek to unlock “the power of data in the UK economy” but policy and legislation must put equal if not more emphasis on “improving public confidence in its use” if that long term opportunity is to be achieved.

And in technology discussions about AI and algorithms we hear very little about people at all.  Discussions I hear seem siloed instead into three camps: the academics, the designers and developers,  the politicians and policy makers.  And then comes the lowest circle, ‘the public’ and ‘society’.

It is therefore unsurprising that human rights have fallen down the ranking of importance in some areas of technology development.

It’s time to get this house in order.

A vanquished ghost returns as details of distress required in NHS opt out

It seems the ugly ghosts of care.data past were alive and well at NHS Digital this Christmas.

Old style thinking, the top-down patriarchal ‘no one who uses a public service should be allowed to opt out of sharing their records. Nor can people rely on their record being anonymised,‘ that you thought was vanquished, has returned with a vengeance.

The Secretary of State for Health, Jeremy Hunt, has reportedly  done a U-turn on opt out of the transfer of our medical records to third parties without consent.

That backtracks on what he said in Parliament on January 25th, 2014 on opt out of anonymous data transfers, despite the right to object in the NHS constitution [1].

So what’s the solution? If the new opt out methods aren’t working, then back to the old ones and making Section 10 requests? But it seems the Information Centre isn’t keen on making that work either.

All the data the HSCIC holds is sensitive and as such, its release risks patients’ significant harm or distress [2] so it shouldn’t be difficult to tell them to cease and desist, when it comes to data about you.

But how is NHS Digital responding to people who make the effort to write directly?

Someone who “got a very unhelpful reply” is being made to jump through hoops.

If anyone asks that their hospital data should not be used in any format and passed to third parties, that’s surely for them to decide.

Let’s take the case study of a woman who spoke to me during the whole care.data debacle who had been let down by the records system after rape. Her NHS records subsequently about her mental health care were inaccurate, and had led to her being denied the benefit of private health insurance at a new job.

Would she have to detail why selling her medical records would cause her distress? What level of detail is fair and who decides? The whole point is, you want to keep info confidential.

Should you have to state what you fear? “I have future distress, what you might do to me?” Once you lose control of data, it’s gone. Based on past planning secrecy and ideas for the future, like mashing up health data with retail loyalty cards as suggested at Strata in November 2013 [from 16:00] [2] no wonder people are sceptical. 

Given the long list of commercial companies,  charities, think tanks and others that passing out our sensitive data puts at risk and given the Information Centre’s past record, HSCIC might be grateful they have only opt out requests to deal with, and not millions of medical ethics court summonses. So far.

HSCIC / NHS Digital has extracted our identifiable records and has given them away, including for commercial product use, and continues give them away, without informing us. We’ve accepted Ministers’ statements and that a solution would be found. Two years on, patience wears thin.

“Without that external trust, we risk losing our public mandate and then cannot offer the vital insights that quality healthcare requires.”

— Sir Nick Partridge on publication of the audit report of 10% of 3,059 releases by the HSCIC between 2005-13

— Andy WIlliams said, “We want people to be certain their choices will be followed.”

Jeremy Hunt said everyone should be able to opt out of having their anonymised data used. David Cameron did too when the plan was  announced in 2012.

In 2014 the public was told there should be no more surprises. This latest response is not only a surprise but enormously disrespectful.

When you’re trying to rebuild trust, assuming that we accept that ‘is’ the aim, you can’t say one thing, and do another.  Perhaps the Department for Health doesn’t like the public answer to what the public wants from opt out, but that doesn’t make the DH view right.

Perhaps NHS Digital doesn’t want to deal with lots of individual opt out requests, that doesn’t make their refusal right.

Kingsley Manning recognised in July 2014, that the Information Centre “had made big mistakes over the last 10 years.” And there was “a once-in-a-generation chance to get it right.”

I didn’t think I’d have to move into the next one before they fix it.

The recent round of 2016 public feedback was the same as care.data 1.0. Respect nuanced opt outs and you will have all the identifiable public interest research data you want. Solutions must be better for other uses, opt out requests must be respected without distressing patients further in the process, and anonymous must mean  anonymous.

Pseudonymised data requests that go through the DARS process so that a Data Sharing Framework Contract and Data Sharing Agreement are in place are considered to be compliant with the ICO code of practice – fine, but they are not anonymous. If DARS is still giving my family’s data to Experian, Harvey Walsh, and co, despite opt out, I’ll be furious.

The [Caldicott 2] Review Panel found “that commissioners do not need dispensation from confidentiality, human rights & data protection law.

Neither do our politicians, their policies or ALBs.


[1] https://www.england.nhs.uk/ourwork/tsd/ig/ig-fair-process/further-info-gps/

“A patient can object to their confidential personal information from being disclosed out of the GP Practice and/or from being shared onwards by the HSCIC for non-direct care purposes (secondary purposes).”

[2] Minimum Mandatory Measures http://www.nationalarchives.gov.uk/documents/information-management/cross-govt-actions.pdf p7

EU do the Hokey Cokey. In out, In out, shake it all about.

The IN and the OUT circles have formed and Boris is standing in the middle.

Speculation as to whether he means to be on the No team is agreed he doesn’t really mean no.

His comments on staying in have been more consistently in the past pointed to his head saying staying in is better for business.

Some are suggesting that his stance is neither in nor out, but ‘an unconvincing third way‘,  no doesn’t mean no to staying in but no to Cameron’s deal and would in fact mean a second vote along the lines of Dominic Cumming’s .

If so, is this breathtaking arrogance and a u-turn of unforeseeable magnitude? Had our PM not said before the last GE he planned in stepping down before the end of the next Parliament, you could think so. But this way they cannot lose.

This is in fact bloody brilliant positioning by the whole party.

A yes vote underpins Cameron’s re-negotiation as ‘the right thing to do’, best for business and his own statesmanship while showing that we’re not losing sovereignty because staying in is on our terms.

Renegotiating our relationship with the EU was a key Conservative election promise.

This pacifies the majority of that part of the population who wants out of some of the EU ‘controlling out country’ and beholden to EU law, but keeps us stable and financially secure.

The hardline Out campaigners are seen as a bag of all-sorts that few are taking that seriously. But then comes Boris.

So now there is some weight in the out circle and if the country votes ‘No’ a way to manage the outcome with a ready made leader in waiting. But significantly, it’s not a consistent call for Out across the group. Boris is not for spinning in the same clear ‘out’ direction as the Galloway group.

Boris can keep a foot in the circle saying his heart is pro-In and really wants In, but on better terms. He can lead a future party for Outers Inners and whatever the outcome, be seen to welcome all. Quite a gentleman’s agreement perhaps.

His Out just means out of some things, not others. Given all his past positioning and role as Mayor in the City of London, out wouldn’t mean wanting to risk any of the financial and business related bits.

So what does that leave?  Pay attention in his speech to the three long paragraphs on the Charter of Fundamental Human Rights.

His rambling explanation indirectly explained quite brilliantly the bits he wants ‘out’ to mean. Out means in the Boris-controlled circle, only getting out from those parts of EU directives that the party players don’t like. The bits when they get told what to do, or told off for doing something wrong, or not playing nicely with the group.

The human rights rulings and oversight from the CJEU or views which are not aligned with the ECHR for example.

As Joshua Rozenberg wrote on sovereignty, “Human rights reform has been inextricably intertwined with renegotiating the UK’s membership of the EU. And it is all the government’s fault.”

Rozenberg writes that Mr Gove told the Lords constitution committee in December that David Cameron asked him whether “we should use the British Bill of Rights in order to create a constitutional long stop […] and whether the UK Supreme Court should be that body.”

“Our top judges were relabelled a “Supreme Court” not long ago; they’ve been urged to assert themselves against the European Court of Human Rights, and are already doing so against EU law”, commented Carl Gardner elsewhere.

The Gang of Six cabinet ministers are known for their anti EU disaffectation and most often its attachment to human rights  – Michael Gove, Iain Duncan Smith, Chris Grayling, Theresa Villiers, Priti Patel and John Whittingdale plus a further 20 junior ministers and potentially dozens of backbenchers.

We can therefore expect the Out campaign to present situations in which British ‘sovereignty’ was undermined by court rulings that some perceive as silly or seriously flawed.

Every case in which a British court ever convicted someone and was overturned ‘by Europe’ that appeared nonsensical will be wheeled out by current justice Secretary Mr Gove.

Every tougher ‘terrorist’ type case, whose human rights were upheld that had been denied them by a UK ruling might be in the more ‘extreme’ remit of the former justice secretary mention whenever Grayling makes his case for Out, especially where opinions may conflict with interpretations and the EU Charter.

Priti Patel has tough views of crime and punishment, reportedly in favour of the the death penalty.

IDS isn’t famous for a generous application of disability rights.

John Whittingdale gave his views on the present relationship with the EU and CJEU here in debate in 2015 and said (22:10) he was profoundly “concerned the CJEU is writing laws which we consider to be against our national interest.”

Data protection and privacy is about to get a new EU directive that will strengthen some aspects of citizens’ data rights. Things like the right to be informed what information is stored about us, or have mistakes corrected.

Don’t forget after all that Mr Gove is the Education SoS who signed off giving away the confidential personal data of now 20 million children to commercial third parties from the National Pupil Database. Clearly not an Article 8 fan.

We are told that we are being over reactive to our loss of rights to privacy. Over generous in protections to people who don’t deserve it. Ignoring that rights are universal and indivisible, we are encouraged to see them as something that must be earned. As such, something which may or may not be respected. And therefore can be removed.

Convince the majority of that, and legislation underpinning our rights will be easier to take away without enough mass outcry that will make a difference.

To be clear, a no vote would make no actual legal difference, “Leaving the EU (if that’s what the people vote for) is NOT at all inconsistent with the United Kingdom’s position as a signatory to the European Convention on Human Rights (ECHR), a creature of the COUNCIL of EUROPE and NOT the European Union.” [ObiterJ]

But by conflating ‘the single market’, ‘the Lisbon Treaty’, and the ‘ability to vindicate people’s rights under the 55-clause “Charter of Fundamental Human Rights”, Boris has made the no vote again equate conflated things: European Union membership = loss of sovereignty = need to reduce the control or influence of all organisations seen as ‘European’ (even if like the ECHR it’s to do with the Council of Europe Convention signed post WWII and long before EU membership) and all because we are a signatory to a package deal.

Boris has reportedly no love of ‘lefty academics’ standing up for international and human rights laws and their uppity lawyers in the habit of “vindicating the rights of their clients.”

Boris will bob in and out of both the IN group for business and the OUT group for sovereignty, trying not to fall out with anyone too much and giving serious Statesmanship to the injustices inflicted on the UK. There will be banter and back biting, but the party views will be put ahead of personalities.

And the public? What we vote, won’t really matter.I think we’ll be persuaded to be IN, or to get a two step Out-In.

Either way it will give the relevant party leader, present or future, the mandate to do what he wants. Our engagement is optional.

Like the General Election, the people’s majority viewed as a ‘mandate’ seems to have become a little confused with sign-off to dictate a singular directive, rather than represent a real majority. It cannot do anything but this, since the majority didn’t vote for the government that we have.

In this EU Referendum No wont mean No. It’ll mean a second vote to be able to split the package of no-to-all-things into a no-to-some-things wrapped up in layers of ‘sovereignty’ discussion. Unpack them, and those things will be for the most part, human rights things. How they will then be handled at a later date is utterly unclear but the mandate will have been received.

Imagine if Boris can persuade enough of the undecideds that he is less bonkers than some of the EU rulings on rights, he’ll perhaps get an Out mandate, possibly meaning a second vote just to be sure, splitting off the parts everyone obviously wants to protect, the UK business interests, and allowing the government to negotiate the opt out from legislation of human rights’ protections. Things that may appear to make more people dependent on the state, and contrary to the ideology of shrinking state support.

A long-promised review of the British Human Rights Act 1998 will inevitably follow, and only makes sense if we are first made exempt from the European umbrella.

Perhaps we will hear over the next four months more about what that might mean.

Either way, the Out group will I’m sure take the opportunity to air their views and demand the shake up of where Human Rights laws are out of line for the shape of the UK future nation they wish to see us become.

Some suggest Boris has made a decision that will cost him his political career. I disagree. I think it’s incredibly clever. Not a conspiracy, simply clever party planning to make every outcome a win for the good of the party and the good of the nation,  and a nod to Boris as future leader in any case. After all, he didn’t actually say he wanted #Brexit, just reform.

It’s not all about Boris, but is staging party politics at its best, and simultaneously sets the scene for future change in the human rights debate.

Destination smart-cities: design, desire and democracy (Part four)

Who is using all this Big Data? What decisions are being made on the back of it that we never see?

In the everyday and press it often seems that the general public does not understand data, and can easily be told things which we misinterpret.

There are tools in social media influencing public discussions and leading conversations in a different direction from that it had taken, and they operate without regulation.

It is perhaps meaningful that pro-reform Wellington School last week opted out of some of the greatest uses of Big Data sharing in the UK. League tables. Citing their failures. Deciding they werein fact, a key driver for poor educational practice.”

Most often we cannot tell from the data provided what we are told those Big Data should be telling us. And we can’t tell if the data are accurate, genuine and reliable.

Yet big companies are making big money selling the dream that Big Data is the key to decision making. Cumulatively through lack of skills to spot inaccuracy, and inability to do necessary interpretation, we’re being misled by what we find in Big Data.

Being misled is devastating for public trust, as the botched beginnings of care.data found in 2014. Trust has come to be understood as vital for future based on datasharing. Public involvement in how we are used in Big Data in the future, needs to include how our data are used in order to trust they are used well. And interpreting those data well is vital. Those lessons of the past and present must be learned, and not forgotten.

It’s time to invest some time in thinking about safeguarding trust in the future, in the unknown, and the unseen.

We need to be told which private companies like Cinven and FFT have copies of datasets like HES, the entire 62m national hospital records, or the NPD, our entire schools database population of 20 million, or even just its current cohort of 8+ million.

If the public is to trust the government and public bodies to use our data well, we need to know exactly how those data are used today and all these future plans that others have for our personal data.

When we talk about public bodies sharing data they hold for administrative purposes, do we know which private companies this may mean in reality?

The UK government has big plans for big data sharing, sharing across all public bodies, some tailored for individual interventions.

While there are interesting opportunities for public benefit from at-scale systems, the public benefit is at risk not only from lack of trust in how systems gather data and use them, but that interoperability gets lost in market competition.

Openness and transparency can be absent in public-private partnerships until things go wrong. Given the scale of smart-cities, we must have more than hope that data management and security will not be one of those things.

But how will we know if new plans design well, or not?

Who exactly holds and manages those data and where is the oversight of how they are being used?

Using Big Data to be predictive and personal

How do we definde “best use of data” in “public services” right across the board in a world in which boundaries between private and public in the provision of services have become increasingly blurred?

UK researchers and police are already analysing big data for predictive factors at postcode level for those at risk or harm, for example in combining health and education data.

What has grown across the Atlantic is now spreading here. When I lived there I could already see some of what is deeply flawed.

When your system has been as racist in its policing and equity of punishment as institutionally systemic as it is in the US, years of cumulative data bias translates into ‘heat lists’ and means “communities of color will be systematically penalized by any risk assessment tool that uses criminal history as a legitimate criterion.”

How can we ensure British policing does not pursue flawed predictive policies and methodologies, without seeing them?

What transparency have our use of predictive prisons and justice data?

What oversight will the planned new increase in use of satellite tags, and biometrics access in prisons have?

What policies can we have in place to hold data-driven decision-making processes accountable?<

What tools do we need to seek redress for decisions made using flawed algorithms that are apparently indisputable?

Is government truly committed to being open and talking about how far the nudge unit work is incorporated into any government predictive data use? If not, why not?

There is a need for a broad debate on the direction of big data and predictive technology and whether the public understands and wants it.If we don’t understand, it’s time someone explained it.

If I can’t opt out of O2 picking up my travel data ad infinitum on the Tube, I will opt out of their business model and try to find a less invasive provider. If I can’t opt out of EE picking up my personal data as I move around Hyde park, it won’t be them.

Most people just want to be left alone and their space is personal.

A public consultation on smart-technology, and its growth into public space and effect on privacy could be insightful.

Feed me Seymour?

With the encroachment of integrated smart technology over our cities – our roads, our parking, our shopping, our parks, our classrooms, our TV and our entertainment, even our children’s toys – surveillance and sharing information from systems we cannot see  start defining what others may view, or decide about us, behind the scenes in everything we do.

As it expands city wide, it will be watched closely if data are to be open for public benefit, but not invade privacy if “The data stored in this infrastructure won’t be confidential.”

If the destination of digital in all parts of our lives is smart-cities then we have to collectively decide, what do we want, what do we design, and how do we keep it democratic?

What price is our freedom to decide how far its growth should reach into public space and private lives?

The cost of smart cities to individuals and the public is not what it costs in investment made by private conglomerates.

Already the cost of smart technology is privacy inside our homes, our finances, and autonomy of decision making.

Facebook and social media may run algorithms we never see that influence our mood or decision making. Influencing that decision making is significant enough when it’s done through advertising encouraging us to decide which sausages to buy for your kids tea.

It is even more significant when you’re talking about influencing voting.

Who influences most voters wins an election. If we can’t see the technology behind the influence, have we also lost sight of how democracy is decided? The power behind the mechanics of the cogs of Whitehall may weaken inexplicably as computer driven decision from the tech companies’ hidden tools takes hold.

What opportunity and risk to “every part of government” does ever expanding digital bring?

The design and development of smart technology that makes decisions for us and about us, lies in in the hands of large private corporations, not government.

The means the public-interest values that could be built by design and their protection and oversight are currently outside our control.

There is no disincentive for companies that have taken private information that is none of their business, and quite literally, made it their business to not want to collect ever more data about us. It is outside our control.

We must plan by-design for the values we hope for, for ethics, to be embedded in systems, in policies, embedded in public planning and oversight of service provision by all providers. And that the a fair framework of values is used when giving permission to private providers who operate in public spaces.

We must plan for transparency and interoperability.

We must plan by-design for the safe use of data that does not choke creativity and innovation but both protects and champions privacy as a fundamental building block of trust for these new relationships between providers of private and public services, private and public things, in private and public space.

If “digital is changing how we deliver every part of government,” and we want to “harness the best of digital and technology, and the best use of data to improve public services right across the board” then we must see integration in the planning of policy and its application.

Across the board “the best use of data” must truly value privacy, and enable us to keep our autonomy as individuals.

Without this, the cost of smart cities growing unchecked, will be an ever growing transfer of power to the funders behind corporations and campaign politics.

The ultimate price of this loss of privacy, will be democracy itself.

****

This is the conclusion to a four part set of thoughts: On smart technology and data from the Sprint16 session (part one). I thought about this more in depth on “Smart systems and Public Services” here (part two), and the design and development of smart technology making “The Best Use of Data” here looking at today in a UK company case study (part three) and this part four, “The Best Use of Data” used in predictions and the Future.

Destination smart-cities: design, desire and democracy (Part three)

Smart Technology we have now: A UK Case Study

In places today, where climate surveillance sensors are used to predict and decide which smog-days cars should be banned from cities, automatic number-plate recognition (ANPR) can identify cars driving on the wrong days and send automatic penalties.

Similarly ANPR technology is used in our UK tunnels and congestion charging systems. One British company encouraging installation of ANPR in India is the same provider of a most significant part of our British public administrative data and surveillance softwares in a range of sectors.

About themselves that company says:

“Northgate Public Services has a unique experience of delivering ANPR software to all Home Office police forces. We developed and managed the NADC, the mission critical solution providing continuous surveillance of the UK’s road network.  The NADC is integrated with other databases, including the Police National Computer, and supports more than 30 million reads a day across the country.”

30 million snapshots from ‘continuous surveillance of the UK’s road network‘. That’s surprised me. That’s half the population in England, not all of whom drive. 30 million every day. It’s massive, unreasonable, and risks backlash.

Northgate Public Services’ clients also include 80% of UK water companies, as well as many other energy and utility suppliers.

And in the social housing market they stretch to debt collection, or ‘income management’.

So who I wondered, who is this company that owns all this data-driven access to our homes, our roads, our utilities, life insurance, hospital records and registeries, half of all UK calls to emergency services?

Northgate Information Solutions announced the sale of its Public Services division in December 2014 to venture capital firm Cinven. Cinven that also owns a 62% shareholding in the UK private healthcare provider Spire with all sorts of influence given their active share of services and markets. 

Not only does this private equity firm hold these vast range of data systems across a wide range of sectors, but it’s making decisions about how our public policies and money are being driven.

Using health screening data they’re even making decisions that affect our future and our behaviour and affect our private lives: software provides the information and tools that housing officers need to proactively support residents, such as sending emails, letters or rent reminders by SMS and freeing up time for face-to-face support.”

Of their ANPR systems, Northgate says the data should be even more widely used “to turn CONNECT: ANPR into a critical source of intelligence for proactive policing.”

If the company were to start to ‘proactively’ use all the data it owns across the sectors we should be asking, is ‘smart’ sensible and safe?

Where is the boundary between proactive and predictive? Or public and private?

Where do companies draw the line between public and personal space?

The public services provided by the company seem to encroach into our private lives in many ways, In Northgate’s own words, “It’s also deeply personal.”

Who’s driving decision making is clear. The source of their decision making is data. And it’s data about us.

Today already whether collected by companies proactively like ANPR or through managing data we give them with consent for direct administrative purpose, private companies are the guardians of massive amounts of our personal and public data.

What is shocking to me, is how collected data in one area of public services are also used for entirely different secondary purposes without informed consent or an FYI, for example in schools.

If we don’t know which companies manage our data, how can we trust that it is looked after well and that we are told if things go wrong?

Steps must be taken in administrative personal data security, transparency and public engagement to shore up public trust as the foundation for future datasharing as part of the critical infrastructure for any future strategy, for public or commercial application. Strategy must include more transparency of the processing of our data and public involvement, not the minimum, if ‘digital citizenship’ is to be meaningful.

How would our understanding of data improve if anyone using personal data were required to put in place clear public statements about their collection, use and analysis of data?  If the principles of data protection were actually upheld, in particular that individuals should be informed? How would our understanding of data improve especially regards automated decision making and monitoring technology? Not ninety page privacy policies. Plain English. If you need ninety pages, you’re doing too much with my data.

Independent privacy impact assessments should be mandatory and published before data are collected and shared with any party other than that to which it was given for a specific purpose. Extensions broadening that purpose should require consultation and consent. If that’s a street, then make it public in plain sight.

Above all, planning committees in local government, in policy making and practical application, need to think of data in every public decision they make and its ethical implications. We need some more robust decision-making in the face of corporate data grabs, to defend data collected in public space safe, and to keep some private.

How much less fun is a summer’s picnic spent smooching, if you feel watched? How much more anxious will we make our children if they’re not allowed to ever have their own time to themselves, and every word they type in a school computer is monitored?

How much individual creativity and innovation does that stifle? We are effectively censoring children before they have written a word.

Large corporations have played historically significant and often shadowy roles in surveillance that retrospectively were seen as unethical.

We should consider sooner rather than later, if corporations such as BAE systems, Siemens and the IMSs of the world act in ways worthy of our trust in such massive reach into our lives, with little transparency and oversight.

“Big data is big opportunity but Government should tackle misuse”

The Select Committee warned in its recent report on Big Data that distrust arising from concerns about privacy and security is often well-founded and must be resolved by industry and Government.

If ‘digital’ means smart technology in the future is used in “every part of government” as announced at #Sprint16, what will its effects be on the involvement and influence these massive corporations on democracy itself?

******

I thought about this more in depth on Part one here,  “Smart systems and Public Services” here (part two), and continue after this by looking at “The Best Use of Data” used in predictions and the Future (part four).

Destination smart-cities: design, desire and democracy (Part one)

When I drop my children at school in the morning I usually tell them three things: “Be kind. Have fun. Make good choices.”

I’ve been thinking recently about what a positive and sustainable future for them might look like. What will England be in 10 years?

The #Sprint16 snippets I read talk about how: ”Digital is changing how we deliver every part of government,” and “harnessing the best of digital and technology, and the best use of data to improve public services right across the board.”

From that three things jumped out at me:

  • The first is that the “best use of data” in government’s opinion may conflict with that of the citizen.
  • The second, is how to define “public services” right across the board in a world in which boundaries between private and public in the provision of services have become increasingly blurred.
  • And the third is the power of tech to offer both opportunity and risk if used in “every part of government” and effects on access to, involvement in, and the long-term future of, democracy.

What’s the story so far?

In my experience so far of trying to be a digital citizen “across the board” I’ve seen a few systems come and go. I still have my little floppy paper Government Gateway card, navy blue with yellow and white stripes. I suspect it is obsolete. I was a registered Healthspace user, and used it twice. It too, obsolete. I tested my GP online service. It was a mixed experience.

These user experiences are shaping how I interact with new platforms and my expectations of organisations, and I will be interested to see what the next iteration, nhs alpha, offers.

How platforms and organisations interact with me, and my data, is however increasingly assumed without consent. This involves new data collection, not only using data from administrative or commercial settings to which I have agreed, but new scooping of personal data all around us in “smart city” applications.

Just having these digital applications will be of no benefit and all the disadvantages of surveillance for its own sake will be realised.

So how do we know that all these data collected are used – and by whom? How do we ensure that all the tracking actually gets turned into knowledge about pedestrian and traffic workflow to make streets and roads safer and smoother in their operation, to make street lighting more efficient, or the environment better to breathe in and enjoy? And that we don’t just gift private providers tonnes of valuable data which they simply pass on to others for profit?

Because without making things better, in this Internet-of-Things will be a one-way ticket to power in the hands of providers and loss of control, and quality of life. We’ll work around it, but buying a separate SIM card for trips into London, avoiding certain parks or bridges, managing our FitBits to the nth degree under a pseudonym. But being left no choice but to opt out of places or the latest technology to enjoy, is also tedious. If we want to buy a smart TV to access films on demand, but don’t want it to pass surveillance or tracking information back to the company how can we find out with ease which products offer that choice?

Companies have taken private information that is none of their business, and quite literally, made it their business.

The consumer technology hijack of “smart” to always mean marketing surveillance creates a divide between those who will comply for convenience and pay the price in their privacy, and those who prize privacy highly enough to take steps that are less convenient, but less compromised.

But even wanting the latter, it can be so hard to find out how to do, that people feel powerless and give-in to the easy option on offer.

Today’s system of governance and oversight that manages how our personal data are processed by providers of public and private services we have today, in both public and private space, is insufficient to meet the values most people reasonably expect, to be able to live their life without interference.

We’re busy playing catch up with managing processing and use, when many people would like to be able to control collection.

The Best use of Data: Today

My experience of how the government wants to ‘best use data’ is that until 2013 I assumed the State was responsible with it.

I feel bitterly let down.

care.data taught me that the State thinks my personal data and privacy are something to exploit, and “the best use of my data” for them, may be quite at odds with what individuals expect. My trust in the use of my health data by government has been low ever since. Saying one thing and doing another, isn’t making it more trustworthy.

I found out in 2014 how my children’s personal data are commercially exploited and given to third parties including press outside safe settings, by the Department for Education. Now my trust is at rock bottom. I tried to take a look at what the National Pupil Database stores on my own children and was refused a subject access request, meanwhile the commercial sector and Fleet Street press are given out not only identifiable data, but ‘highly sensitive’ data. This just seems plain wrong in terms of security, transparency and respect for the person.

The attitude that there is an entitlement of the State to individuals’ personal data has to go.

The State has pinched 20 m children’s privacy without asking. Tut Tut indeed. [see Very British Problems for a translation].

And while I support the use of public administrative data in deidentified form in safe settings, it’s not to be expected that anything goes. But the feeling of entitlement to access our personal data for purposes other than that for which we consented, is growing, as it stretches to commercial sector data. However suggesting that public feeling measured based on work with 0.0001% of the population, is “wide public support for the use and re-use of private sector data for social research” seems tenuous.

Even so, comments even in that tiny population suggested, “many participants were taken by surprise at the extent and size of data collection by the private sector” and some “felt that such data capture was frequently unwarranted.” “The principal concerns about the private sector stem from the sheer volume of data collected with and without consent from individuals and the profits being made from linking data and selling data sets.”

The Best use of Data: The Future

Young people, despite seniors often saying “they don’t care about privacy” are leaving social media in search of greater privacy.

These things cannot be ignored if the call for digital transformation between the State and the citizen is genuine because try and do it to us and it will fail. Change must be done with us. And ethically.

And not “ethics” as in ‘how to’, but ethics of “should we.” Qualified transparent evaluation as done in other research areas, not an add on, but integral to every project, to look at issues such as:

  • whether participation is voluntary, opt-out or covert
  • how participants can get and give informed consent
  • accessibility to information about the collection and its use
  • small numbers, particularly of vulnerable people included
  • identifiable data collection or disclosure
  • arrangements for dealing with disclosures of harm and recourse
  • and how the population that will bear the risks of participating in the research is likely to benefit from the knowledge derived from the research or not.

Ethics is not about getting away with using personal data in ways that won’t get caught or hauled over the coals by civil society.

It’s balancing risk and benefit in the public interest, and not always favouring the majority, but doing what is right and fair.

We hear a lot at the moment on how the government may see lives, shaped by digital skills, but too little of heir vison for what living will look and feel like, in smart cities of the future.

My starting question is, how does government hope society will live there and is it up to them to design it? If not, who is because these smart-city systems are not designing themselves. You’ve heard of Stepford wives. I wonder what do we do if we do not want to live like Milton Keynes man?

I hope that the world my children will inherit will be more just, more inclusive, and with a more sustainable climate to support food, livelihoods and kinder than it is today. Will ‘smart’ help or hinder?

What is rarely discussed in technology discussions is how the service should look regardless of technology. The technology assumed as inevitable, becomes the centre of service delivery.

I’d like to first understand what is the central and local government vision for “public services”  provision for people of the future? What does it mean for everyday services like schools and health, and how does it balance security and our freedoms?

Because without thinking about how and who provides those services for people, there is a hole in the discussion of “the best use of data” and their improvement “right across the board”.

The UK government has big plans for big data sharing, sharing across all public bodies, some tailored for individual interventions.

While there are interesting opportunities for public benefit from at-scale systems, the public benefit is at risk not only from lack of trust in how systems gather data and use them, but that interoperability in service, and the freedom for citizens to transfer provider, gets lost in market competition.

Openness and transparency can be absent in public-private partnerships until things go wrong. Given the scale of smart-cities, we must have more than hope that data management and security will not be one of those things.

How will we know if new plans are designed well, or not?

When I look at my children’s future and how our current government digital decision making may affect it, I wonder if their future will be more or less kind. More or less fun.

Will they be left with the autonomy to make good choices of their own?

The hassle we feel when we feel watched all the time, by every thing that we own, in every place we go, having to check every check box has a reasonable privacy setting, has a cumulative cost in our time and anxieties.

Smart technology has invaded not only our public space and our private space, but has nudged into our head space.

I for one have had enough already. For my kids I want better. Technology should mean progress for people, not tyranny.

Living in smart cities, connected in the Internet-of-Things, run on their collective Big Data and paid for by commercial corporate providers, threatens not only their private lives and well-being, their individual and independent lives, but ultimately independent and democratic government as we know it.

*****

This is the start of a four part set of thoughts: Beginnings with smart technology and data triggered by the Sprint16 session (part one). I think about this more in depth in “Smart systems and Public Services” (Part two) here, and the design and development of smart technology making “The Best Use of Data” looking at today in a UK company case study (Part three) before thoughts on “The Best Use of Data” used in predictions and the Future (Part four).

Breaking up is hard to do. Restructuring education in England.

This Valentine’s I was thinking about the restructuring of education in England and its wide ranging effects. It’s all about the break up.

The US EdTech market is very keen to break into the UK, and our front door is open.

We have adopted the model of Teach First partnered with Teach America, while some worry we do not ask “What is education for?

Now we hear the next chair of Oftsed is to be sought from the US, someone who is renowned as “the scourge of the unions.”

Should we wonder how long until the management of schools themselves is US-sourced?

The education system in England has been broken up in recent years into manageable parcels  – for private organisations, schools within schools, charity arms of commercial companies, and multi-school chains to take over – in effect, recent governments have made reforms that have dismantled state education as I knew it.

Just as the future vision of education outlined in the 2005 Direct Democracy co-authored by Michael Gove said, “The first thing to do is to make existing state schools genuinely independent of the state.”

Free schools touted as giving parents the ultimate in choice, are in effect another way to nod approval to the outsourcing of the state, into private hands, and into big chains. Despite seeing the model fail spectacularly abroad, the government seems set on the same here.

Academies, the route that finagles private corporations into running public-education is the preferred model, says Mr Cameron. While there are no plans to force schools to become academies, the legislation currently in ping-pong under the theme of coasting schools enables just that. The Secretary of State can impose academisation. Albeit only on Ofsted labeled ‘failing’ schools.

What fails appears sometimes to be a school that staff and parents cannot understand as anything less than good, but small. While small can be what parents want, small pupil-teacher ratios, mean higher pupil-per teacher costs. But the direction of growth is towards ‘big’ is better’.

“There are now 87 primary schools with more than 800 pupils, up from 77 in 2014 and 58 in 2013. The number of infants in classes above the limit of 30 pupils has increased again – with 100,800 pupils in these over-sized classes, an increase of 8% compared with 2014.” [BBC]

All this restructuring creates costs about which the Department wants to be less than transparent.  And has lost track of.

If only we could see that these new structures raised standards?  But,” while some chains have clearly raised attainment, others achieve worse outcomes creating huge disparities within the academy sector.”

If not delivering better results for children, then what is the goal?

A Valentine’s view of Public Service Delivery: the Big Break up

Breaking up the State system, once perhaps unthinkable is possible through the creation of ‘acceptable’ public-private partnerships (as opposed to outright privatisation per se). Schools become academies through a range of providers and different pathways, at least to start with, and as they fail, the most successful become the market leaders in an oligopoly. Ultimately perhaps, this could become a near monopoly. Delivering ‘better’. Perhaps a new model, a new beginning, a new provider offering salvation from the flood of ‘failing’ schools coming to the State’s rescue.

In order to achieve this entry to the market by outsiders, you must first remove conditions seen as restrictive, giving more ‘freedom’ to providers; to cut corners make efficiency savings on things like food standards, required curriculum, and numbers of staff, or their pay.

And what if, as a result, staff leave, or are hard to recruit?

Convincing people that “tech” and “digital” will deliver cash savings and teach required skills through educational machine learning is key if staff costs are to be reduced, which in times of austerity and if all else has been cut, is the only budget left to slash.

Self-taught systems’ providers are convincing in their arguments that tech is the solution.

Sadly I remember when a similar thing was tried on paper. My first year of GCSE maths aged 13-14  was ‘taught’ at our secondary comp by working through booklets in a series that we self-selected from the workbench in the classroom. Then we picked up the master marking-copy once done. Many of the boys didn’t need long to work out the first step was an unnecessary waste of time. The teacher had no role in the classroom. We were bored to bits. By the final week at end of the year they sellotaped the teacher to his chair.

I kid you not.

Teachers are so much more than knowledge transfer tools, and yet by some today seem to be considered replaceable by technology.

The US is ahead of us in this model, which has grown hand-in-hand with commercialism in schools. Many parents are unhappy.

So is the DfE setting us up for future heartbreak if it wants us to go down the US route of more MOOCs, more tech, and less funding and fewer staff? Where’s the cost benefit risk analysis and transparency?

We risk losing the best of what is human from the classroom, if we will remove the values they model and inspire. Unions and teachers and educationalists are I am sure, more than aware of all these cumulative changes. However the wider public seems little engaged.

For anyone ‘in education’ these changes will all be self-evident and their balance of risks and benefits a matter of experience, and political persuasion. As a parent I’ve only come to understand these changes, through researching how our pupils’ personal and school data have been commercialised,  given away from the National Pupil Database without our consent, since legislation changed in 2013; and the Higher Education student and staff data sold.

Will more legislative change be needed to keep our private data accessible in public services operating in an increasingly privately-run delivery model? And who will oversee that?

The Education Market is sometimes referred to as ‘The Wild West’. Is it getting a sheriff?

The news that the next chair of Oftsed is to be sought from the US did set alarm bells ringing for some in the press, who fear US standards and US-led organisations in British schools.

“The scourge of unions” means not supportive of staff-based power and in health our junior doctors have clocked exactly what breaking their ‘union’ bargaining power is all about.  So who is driving all this change in education today?

Some ed providers might be seen as profiting individuals from the State break up. Some were accused of ‘questionable practices‘. Oversight has been lacking others said. Margaret Hodge in 2014 was reported to have said: “It is just wrong to hand money to a company in which you have a financial interest if you are a trustee.”

I wonder if she has an opinion on a lead non-executive board member at the Department for Education also being the director of one of the biggest school chains? Or the ex Minister now employed by the same chain? Or that his campaign was funded by the same Director?  Why this register of interests is not transparent is a wonder.

It could appear to an outsider that the private-public revolving door is well oiled with sweetheart deals.

Are the reforms begun by Mr Gove simply to be executed until their end goal, whatever that may be, through Nikky Morgan or she driving her own new policies?

If Ofsted were  to become US-experience led, will the Wild West be tamed or US providers invited to join the action, reshaping a new frontier? What is the end game?

Breaking up is not hard to do, but in whose best interest is it?

We need only look to health to see the similar pattern.

The structures are freed up, and boundaries opened up (if you make the other criteria) in the name of ‘choice’. The organisational barriers to break up are removed in the name of ‘direct accountability’. And enabling plans through more ‘business intelligence’ gathered from data sharing, well, those plans abound.

Done well, new efficient systems and structures might bring public benefits, the right technology can certainly bring great things, but have we first understood what made the old less efficient if indeed it was and where are those baselines to look back on?

Where is the transparency of the end goal and what’s the price the Department is prepared to pay in order to reach it?

Is reform in education, transparent in its ideology and how its success is being measured if not by improved attainment?

The results of change can also be damaging. In health we see failing systems and staff shortages and their knock-on effects into patient care. In schools, these failures damage children’s start in life, it’s not just a ‘system’.

Can we assess if and how these reforms are changing the right things for the right reasons? Where is the transparency of what problems we are trying to solve, to assess what solutions work?

How is change impact for good and bad being measured, with what values embedded, with what oversight, and with whose best interests at its heart?

2005’s Direct Democracy could be read as a blueprint for co-author Mr Gove’s education reforms less than a decade later.

Debate over the restructuring of education and its marketisation seems to have bypassed most of us in the public, in a way health has not.

Underperformance as measured by new and often hard to discern criteria, means takeover at unprecedented pace.

And what does this mean for our most vulnerable children? SEN children are not required to be offered places by academies. The 2005 plans co-authored by Mr Gove also included: “killing the government’s inclusion policy stone dead,” without an alternative.

Is this the direction of travel our teachers and society supports?

What happens when breakups happen and relationship goals fail?

Who picks up the pieces? I fear the state is paying heavily for the break up deals, investing heavily in new relationships, and yet will pay again for failure. And so will our teaching staff, and children.

While Mr Hunt is taking all the heat right now, for his part in writing Direct Democracy and its proposals to privatise health – set against the current health reforms and restructuring of junior doctors contracts – we should perhaps also look to Mr Gove co-author, and ask to better understand the current impact of his recent education reforms, compare them with what he proposed in 2005, and prepare for the expected outcomes of change before it happens (see p74).

One outcome was that failure was to be encouraged in this new system, and Sweden held up as an exemplary model:

“Liberating state schools would also allow the all-important freedom to fail.”

As Anita Kettunen, principal of JB Akersberga in Sweden reportedly said when the free schools chain funded by a private equity firm failed:

“if you’re going to have a system where you have a market, you have to be ready for this.”

Breaking up can be hard to do. Failure hurts. Are we ready for this?
******

 

Abbreviated on Feb 18th.

 

Monitoring software in schools: the Department for Education’s digital dream or nightmare? (2)

“Children do not lose their human rights by virtue of passing through the school gates” (UN Committee on the Rights of the Child, General Comment on ‘The aims of education’, 2001).

The Digital Skills in Schools inquiry [1] is examining the gap in education of our children to enable them to be citizens fit for the future.

We have an “educational gap” in digital skills and I have suggested it should not be seen only as functional or analytical, but should also address a gap in ethical skills and framework to equip our young people to understand their digital rights, as well as responsibilities.

Children must be enabled in education with opportunity to understand how they can grow “to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity”. [2]

Freedom to use the internet in privacy does not mean having to expose children to risks, but we should ask, are there ways of implementing practices which are more proportionate, and less intrusive than monitoring and logging keywords [3] for every child in the country? What problem is the DfE trying to solve and how?

Nicky Morgan’s “fantastic” GPS tracking App

The second technology tool Nicky Morgan mentioned in her BETT speech on January 22nd, is an app with GPS tracking and alerts creation. Her app verdict was “excellent” and “fantastic”:

“There are excellent examples at the moment such as the Family First app by Group Call. It uses GPS in mobile phones to help parents keep track of their children’s whereabouts, allowing them to check that they have arrived safely to school, alerting them if they stray from their usual schedule.” [4]

I’m not convinced tracking every child’s every move is either excellent or fantastic. Primarily because it will foster a nation of young people who feel untrusted, and I see a risk it could create a lower sense of self-reliance, self-confidence and self-responsibility.

Just as with the school software monitoring [see part one], there will be a chilling effect on children’s freedom if these technologies become the norm. If you fear misusing a word in an online search, or worry over stigma what others think, would you not change your behaviour? Our young people need to feel both secure and trusted at school.

How we use digital in schools shapes our future society

A population that trusts one another and trusts its government and organisations and press, is vital to a well functioning society.

If we want the benefits of a global society, datasharing for example to contribute to medical advance, people must understand how their own data and digital footprint fits into a bigger picture to support it.

In schools today pupils and parents are not informed that their personal confidential data are given to commercial third parties by the Department for Education at national level [5]. Preventing public engagement, hiding current practices, downplaying the risks of how data are misused, also prevents fair and transparent discussion of its benefits and how to do it better. Better, like making it accessible only in a secure setting not handing data out to Fleet Street.

For children this holds back public involvement in the discussion of the roles of technology in their own future. Fear of public backlash over poor practices must not hold back empowering our children’s understanding of digital skills and how their digital identity matters.

Digital skills are not shorthand for coding, but critical life skills

Skills our society will need must simultaneously manage the benefits to society and deal with great risks that will come with these advances in technology; advances in artificial intelligence, genomics, and autonomous robots, to select only three examples.

There is a glaring gap in their education how their own confidential personal data and digital footprint fit a globally connected society, and how they are used by commercial business and third parties.

There are concerns how apps could be misused by others too.

If we are to consider what is missing in our children’s preparations for life in which digital will no longer be a label but a way of life, then to identify the gap, we must first consider what we see as whole.

Rather than keeping children safe in education, as regards data sharing and digital privacy, the DfE seems happy to keep them ignorant. This is no way to treat our young people and develop their digital skills, just as giving their data away is not good cyber security.

What does a Dream for a  great ‘digital’ Society look like?

Had Martin Luther King lived to be 87 he would have continued to inspire hope and to challenge us to fulfill his dream for society – where everyone would have an equal opportunity for “life, liberty and the pursuit of happiness.”

Moving towards that goal, supported with technology, with ethical codes of practice, my dream is we see a more inclusive, fulfilled, sustainable and happier society. We must educate our children as fully rounded digital and data savvy individuals, who trust themselves and systems they use, and are well treated by others.

Sadly, introductions of these types of freedom limiting technologies for our children, risk instead that it may be a society in which many people do not feel comfortable, that lost sight of the value of privacy.

References:

[1] Digital Skills Inquiry: http://www.parliament.uk/business/committees/committees-a-z/commons-select/science-and-technology-committee/inquiries/parliament-2015/digital-skills-inquiry-15-16/

[2] UN Convention of the Rights of the Child

[3] Consultation: Keeping Children Safe in Education – closing Feb 16thThe “opportunities to teach safeguarding” section (para 77-78) has been updated and now says governing bodies and proprieties “should ensure” rather than “should consider” that children are taught about safeguarding, including online, through teaching and learning opportunities.

The Consultation Guidance: most relevant paragraphs 75 and 77 p 22

[4] Nicky Morgan’s full speech at BETT

[5] The defenddigitalme campaign to ask the Department forEducation to change practices and policy around The National Pupil Database