Tag Archives: trust

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.

Information. Society. Services. Children in the Internet of Things.

In this post, I think out loud about what improving online safety for children in The Green Paper on Children’s Internet Safety means ahead of the General Data Protection Regulation in 2018. Children should be able to use online services without being used and abused by them. If this regulation and other UK Government policy and strategy are to be meaningful for children, I think we need to completely rethink the State approach to what data privacy means in the Internet of Things.
[listen on soundcloud]


Children in the Internet of Things

In 1979 Star Trek: The Motion Picture created a striking image of A.I. as Commander Decker merged with V’Ger and the artificial copy of Lieutenant Ilia, blending human and computer intelligence and creating an integrated, synthesised form of life.

Ten years later, Sir Tim Berners-Lee wrote his proposal and created the world wide web, designing the way for people to share and access knowledge with each other through networks of computers.

In the 90s my parents described using the Internet as spending time ‘on the computer’, and going online meant from a fixed phone point.

Today our wireless computers in our homes, pockets and school bags, have built-in added functionality to enable us to do other things with them at the same time; make toast, play a game, and make a phone call, and we live in the Internet of Things.

Although we talk about it as if it were an environment of inanimate appliances,  it would be more accurate to think of the interconnected web of information that these things capture, create and share about our interactions 24/7, as vibrant snapshots of our lives, labelled with retrievable tags, and stored within the Internet.

Data about every moment of how and when we use an appliance, is captured at a rapid rate, or measured by smart meters, and shared within a network of computers. Computers that not only capture data but create, analyse and exchange new data about the people using them and how they interact with the appliance.

In this environment, children’s lives in the Internet of Things no longer involve a conscious choice to go online. Using the Internet is no longer about going online, but being online. The web knows us. In using the web, we become part of the web.

Our children, to the computers that gather their data, have simply become extensions of the things they use about which data is gathered and sold by the companies who make and sell the things. Things whose makers can even choose who uses them or not and how. In the Internet of things,  children have become things of the Internet.

A child’s use of a smart hairbrush will become part of the company’s knowledge base how the hairbrush works. A child’s voice is captured and becomes part of the database for the development training of the doll or robot they play with.

Our biometrics, measurements of the unique physical parts of our identities, provides a further example of the recent offline-self physically incorporated into banking services. Over 1 million UK children’s biometrics are estimated to be used in school canteens and library services through, often compulsory, fingerprinting.

Our interactions create a blended identity of online and offline attributes.

The web has created synthesised versions of our selves.

I say synthesised not synthetic, because our online self is blended with our real self and ‘synthetic’ gives the impression of being less real. If you take my own children’s everyday life as an example,  there is no ‘real’ life that is without a digital self.  The two are inseparable. And we might have multiple versions.

Our synthesised self is not only about our interactions with appliances and what we do, but who we know and how we think based on how we take decisions.

Data is created and captured not only about how we live, but where we live. These online data can be further linked with data about our behaviours offline generated from trillions of sensors and physical network interactions with our portable devices. Our synthesised self is tracked from real life geolocations. In cities surrounded by sensors under pavements, in buildings, cameras, mapping and tracking everywhere we go, our behaviours are converted into data, and stored inside an overarching network of cloud computers so that our online lives take on life of their own.

Data about us, whether uniquely identifiable on its own or not, is created and collected actively and passively. Online site visits record IP Address and use linked platform log-ins that can even extract friends lists without consent or affirmative action from them.

Using a tool like Privacy Badger from EEF gives you some insight into how many sites create new data about online behaviour once that synthesised self logs in, then tracks your synthesised self across the Internet. How you move from page to page, with what referring and exit pages and URLs, what adverts you click on or ignore,  platform types, number of clicks, cookies, invisible on page gifs and web beacons. Data that computers see, interpret and act on better than us.

Those synthesised identities are tracked online,  just as we move about a shopping mall offline.

Sir Tim Berners-Lee said this week, there is a need to put “a fair level of data control back in the hands of people.” It is not a need but vital to our future flourishing, very survival even. Data control is not about protecting a list of information or facts about ourselves and our identity for its own sake, it is about choosing who can exert influence and control over our life, our choices, and future of democracy.

And while today that who may be companies, it is increasingly A.I. itself that has a degree of control over our lives, as decisions are machine made.

Understanding how the Internet uses people

We get the service, the web gets our identity and our behaviours. And in what is in effect a hidden slave trade, they get access to use our synthesised selves in secret, and forever.

This grasp of what the Internet is, what the web is, is key to getting a rounded view of children’s online safety. Namely, we need to get away from the sole focus of online safeguarding as about children’s use of the web, and also look at how the web uses children.

Online services use children to:

  • mine, and exchange, repackage, and trade profile data, offline behavioural data (location, likes), and invisible Internet-use behavioural data (cookies, website analytics)
  • extend marketing influence in human decision-making earlier in life, even before children carry payment cards of their own,
  • enjoy the insights of parent-child relationships connected by an email account, sometimes a credit card, used as age verification or in online payments.

What are the risks?

Exploitation of identity and behavioural tracking not only puts our synthesised child at risk from exploitation, it puts our real life child’s future adult identity and data integrity at risk. If we cannot know who holds the keys to our digital identity, how can we trust that systems and services will be fair to us, not discriminate or defraud. Or not make errors that we cannot understand in order to correct?

Leaks, loss and hacks abound and manufacturers are slow to respond. Software that monitors children can also be used in coercive control. Organisations whose data are insecure, can be held to ransom. Children’s products should do what we expect them to and nothing more, there should be “no surprises” how data are used.

Companies tailor and target their marketing activity to those identity profiles. Our data is sold on in secret without consent to data brokers we never see, who in turn sell us on to others who monitor, track and target our synthesised selves every time we show up at their sites, in a never-ending cycle.

And from exploiting the knowledge of our synthesised self, decisions are made by companies, that target their audience, select which search results or adverts to show us, or hide, on which network sites, how often, to actively nudge our behaviours quite invisibly.

Nudge misuse is one of the greatest threats to our autonomy and with it democratic control of the society we live in. Who decides on the “choice architecture” that may shape another’s decisions and actions, and on what ethical basis?  once asked these authors who now seem to want to be the decision makers.

Thinking about Sir Tim Berners-Lee’s comments today on things that threaten the web, including how to address the loss of control over our personal data, we must frame it not a user-led loss of control, but autonomy taken by others; by developers, by product sellers, by the biggest ‘nudge controllers’ the Internet giants themselves.

Loss of identity is near impossible to reclaim. Our synthesised selves are sold into unending data slavery and we seem powerless to stop it. Our autonomy and with it our self worth, seem diminished.

How can we protect children better online?

Safeguarding must include ending data slavery of our synthesised self. I think of five things needed by policy shapers to tackle it.

  1. Understanding what ‘online’ and the Internet mean and how the web works – i.e. what data does a visit to a web page collect about the user and what happens to that data?
  2. Threat models and risk must go beyond the usual irl protection issues. Those  posed by undermining citizens’ autonomy, loss of public trust, of control over our identity, misuse of nudge, and how some are intrinsic to the current web business model, site users or government policy are unseen are underestimated.
  3. On user regulation (age verification / filtering) we must confront the idea that as a stand-alone step  it will not create a better online experience for the user, when it will not prevent the misuse of our synthesised selves and may increase risks – regulation of misuse must shift the point of responsibility
  4. Meaningful data privacy training must be mandatory for anyone in contact with children and its role in children’s safeguarding
  5. Siloed thinking must go. Forward thinking must join the dots across Departments into cohesive inclusive digital strategy and that doesn’t just mean ‘let’s join all of the data, all of the time’
  6. Respect our synthesised selves. Data slavery includes government misuse and must end if we respect children’s rights.

In the words of James T. Kirk, “the human adventure is just beginning.”

When our synthesised self is an inseparable blend of offline and online identity, every child is a synthesised child. And they are people. It is vital that government realises their obligation to protect rights to privacy, provision and participation under the Convention of the Rights of the Child and address our children’s real online life.

Governments, policy makers, and commercial companies must not use children’s offline safety as an excuse in a binary trade off to infringe on those digital rights or ignore risk and harm to the synthesised self in law, policy, and practice.

If future society is to thrive we must do all that is technologically possible to safeguard the best of what makes us human in this blend; our free will.


Part 2 follows with thoughts specific to the upcoming regulations, Digital Economy Bill andDigital Strategy

References:

[1] Internet of things WEF film, starting from 19:30

“What do an umbrella, a shark, a houseplant, the brake pads in a mining truck and a smoke detector all have in common?  They can all be connected online, and in this example, in this WEF film, they are.

“By 2024 more than 50% of home Internet traffic will be used by appliances and devices, rather than just for communication and entertainment…The IoT raises huge questions on privacy and security, that have to be addressed by government, corporations and consumers.”

[2] The government has today announced a “major new drive on internet safety”  [The Register, Martin, A. 27.02.2017]

[3] GDPR page 38 footnote (1) indicates the definition of Information Society Services as laid out in the Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1 and Annex 1)

image source: Startrek.com

The perfect storm: three bills that will destroy student data privacy in England

Lords have voiced criticism and concern at plans for ‘free market’ universities, that will prioritise competition over collaboration and private interests over social good. But while both Houses have identified the institutional effects, they are yet to discuss the effects on the individuals of a bill in which “too much power is concentrated in the centre”.

The Higher Education and Research Bill sucks in personal data to the centre, as well as power. It creates an authoritarian panopticon of the people within the higher education and further education systems. Section 1, parts 72-74 creates risks but offers no safeguards.

Applicants and students’ personal data is being shifted into a  top-down management model, at the same time as the horizontal safeguards for its distribution are to be scrapped.

Through deregulation and the building of a centralised framework, these bills will weaken the purposes for which personal data are collected, and weaken existing requirements on consent to which the data may be used at national level. Without amendments, every student who enters this system will find their personal data used at the discretion of any future Secretary of State for Education without safeguards or oversight, and forever. Goodbye privacy.

Part of the data extraction plans are for use in public interest research in safe settings with published purpose, governance, and benefit. These are well intentioned and this year’s intake of students will have had to accept that use as part of the service in the privacy policy.

But in addition and separately, the Bill will permit data to be used at the discretion of the Secretary of State, which waters down and removes nuances of consent for what data may or may not be used today when applicants sign up to UCAS.

Applicants today are told in the privacy policy they can consent separately to sharing their data with the Student Loans company for example. This Bill will remove that right when it permits all Applicant data to be used by the State.

This removal of today’s consent process denies all students their rights to decide who may use their personal data beyond the purposes for which they permit its sharing.

And it explicitly overrides the express wishes registered by the 28,000 applicants, 66% of respondents to a 2015 UCAS survey, who said as an example, that they should be asked before any data was provided to third parties for student loan applications (or even that their data should never be provided for this).

Not only can the future purposes be changed without limitation,  by definition, when combined with other legislation, namely the Digital Economy Bill that is in the Lords at the same time right now, this shift will pass personal data together with DWP and in connection with HMRC data expressly to the Student Loans Company.

In just this one example, the Higher Education and Research Bill is being used as a man in the middle. But it will enable all data for broad purposes, and if those expand in future, we’ll never know.

This change, far from making more data available to public interest research, shifts the balance of power between state and citizen and undermines the very fabric of its source of knowledge; the creation and collection of personal data.

Further, a number of amendments have been proposed in the Lords to clause 9 (the transparency duty) which raise more detailed privacy issues for all prospective students, concerns UCAS share.

Why this lack of privacy by design is damaging

This shift takes away our control, and gives it to the State at the very time when ‘take back control’ is in vogue. These bills are building a foundation for a data Brexit.

If the public does not trust who will use it and why or are told that when they provide data they must waive any rights to its future control, they will withhold or fake data. 8% of applicants even said it would put them off applying through UCAS at all.

And without future limitation, what might be imposed is unknown.

This shortsightedness will ultimately cause damage to data integrity and the damage won’t come in education data from the Higher Education Bill alone. The Higher Education and Research Bill is just one of three bills sweeping through Parliament right now which build a cumulative anti-privacy storm together, in what is labelled overtly as data sharing legislation or is hidden in tucked away clauses.

The Technical and Further Education Bill – Part 3

In addition to entirely new Applicant datasets moving from UCAS to the DfE in clauses 73 and 74 of the  Higher Education and Research Bill,  Apprentice and FE student data already under the Secretary of State for Education will see potentially broader use under changed purposes of Part 3 of the Technical and Further Education Bill.

Unlike the Higher Education and Research Bill, it may not fundamentally changing how the State gathers information on further education, but it has the potential to do so on use.

The change is a generalisation of purposes. Currently, subsection 1 of section 54 refers to “purposes of the exercise of any of the functions of the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009”.

Therefore, the government argues, “it would not hold good in circumstances where certain further education functions were transferred from the Secretary of State to some combined authorities in England, which is due to happen in 2018.”<

This is why clause 38 will amend that wording to “purposes connected with further education”.

Whatever the details of the reason, the purposes are broader.

Again, combined with the Digital Economy Bill’s open ended purposes, it means the Secretary of State could agree to pass these data on to every other government department, a range of public bodies, and some private organisations.

The TFE BIll is at Report stage in the House of Commons on January 9, 2017.

What could go possibly go wrong?

These loose purposes, without future restrictions, definitions of third parties it could be given to or why, or clear need to consult the public or parliament on future scope changes, is a  repeat of similar legislative changes which have resulted in poor data practices using school pupil data in England age 2-19 since 2000.

Policy makers should consider whether the intent of these three bills is to give out identifiable, individual level, confidential data of young people under 18, for commercial use without their consent? Or to journalists and charities access? Should it mean unfettered access by government departments and agencies such as police and Home Office Removals Casework teams without any transparent register of access, any oversight, or accountability?

These are today’s uses by third-parties of school children’s individual, identifiable and sensitive data from the National Pupil Database.

Uses of data not as statistics, but named individuals for interventions in individual lives.

If the Home Secretaries past and present have put international students at the centre of plans to cut migration to the tens of thousands and government refuses to take student numbers out of migration figures, despite them being seen as irrelevant in the substance of the numbers debate, this should be deeply worrying.

Will the MOU between the DfE and the Home Office Removals Casework team be a model for access to all student data held at the Department for Education, even all areas of public administrative data?

Hoping that the data transfers to the Home Office won’t result in the deportation of thousands we would not predict today, may be naive.

Under the new open wording, the Secretary of State for Education might even  decide to sell the nation’s entire Technical and Further Education student data to Trump University for the purposes of their ‘research’ to target marketing at UK students or institutions that may be potential US post-grad applicants. The Secretary of State will have the data simply because she “may require [it] for purposes connected with further education.”

And to think US buyers or others would not be interested is too late.

In 2015 Stanford University made a request of the National Pupil Database for both academic staff and students’ data. It was rejected. We know this only from the third party release register. Without any duty to publish requests, approved users or purposes of data release, where is the oversight for use of these other datasets?

If these are not the intended purposes of these three bills, if there should be any limitation on purposes of use and future scope change, then safeguards and oversight need built into the face of the bills to ensure data privacy is protected and avoid repeating the same again.

Hoping that the decision is always going to be, ‘they wouldn’t approve a request like that’ is not enough to protect millions of students privacy.

The three bills are a perfect privacy storm

As other Europeans seek to strengthen the fundamental rights of their citizens to take back control of their personal data under the GDPR coming into force in May 2018, the UK government is pre-emptively undermining ours in these three bills.

Young people, and data dependent institutions, are asking for solutions to show what personal data is held where, and used by whom, for what purposes. That buys in the benefit message that builds trust showing what you said you’d do with my data, is what you did with my data. [1] [2]

Reality is that in post-truth politics it seems anything goes, on both sides of the Pond. So how will we trust what our data is used for?

2015-16 advice from the cross party Science and Technology Committee suggested data privacy is unsatisfactory, “to be left unaddressed by Government and without a clear public-policy position set out“.  We hear the need for data privacy debated about use of consumer data, social media, and on using age verification. It’s necessary to secure the public trust needed for long term public benefit and for economic value derived from data to be achieved.

But the British government seems intent on shortsighted legislation which does entirely the opposite for its own use: in the Higher Education Bill, the Technical and Further Education Bill and in the Digital Economy Bill.

These bills share what Baroness Chakrabarti said of the Higher Education Bill in its Lords second reading on the 6th December, “quite an achievement for a policy to combine both unnecessary authoritarianism with dangerous degrees of deregulation.”

Unchecked these Bills create the conditions needed for catastrophic failure of public trust. They shift ever more personal data away from personal control, into the centralised control of the Secretary of State for unclear purposes and use by undefined third parties. They jeopardise the collection and integrity of public administrative data.

To future-proof the immediate integrity of student personal data collection and use, the DfE reputation, and public and professional trust in DfE political leadership, action must be taken on safeguards and oversight, and should consider:

  • Transparency register: a public record of access, purposes, and benefits to be achieved from use
  • Subject Access Requests: Providing the public ways to access copies of their own data
  • Consent procedures should be strengthened for collection and cannot say one thing, and do another
  • Ability to withdraw consent from secondary purposes should be built in by design, looking to GDPR from 2018
  • Clarification of the legislative purpose of intended current use by the Secretary of State and its boundaries shoud be clear
  • Future purpose and scope change limitations should require consultation – data collected today must not used quite differently tomorrow without scrutiny and ability to opt out (i.e. population wide registries of religion, ethnicity, disability)
  • Review or sunset clause

If the legislation in these three bills pass without amendment, the potential damage to privacy will be lasting.


[1] http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2016-07-15/42942/  Parliamentary written question 42942 on the collection of pupil nationality data in the school census starting in September 2016:   “what limitations will be placed by her Department on disclosure of such information to (a) other government departments?”

Schools Minister Nick Gibb responded on July 25th 2016: ”

“These new data items will provide valuable statistical information on the characteristics of these groups of children […] “The data will be collected solely for internal Departmental use for the analytical, statistical and research purposes described above. There are currently no plans to share the data with other government Departments”

[2] December 15, publication of MOU between the Home Office  Casework Removals Team and the DfE, reveals “the previous agreement “did state that DfE would provide nationality information to the Home Office”, but that this was changed “following discussions” between the two departments.” http://schoolsweek.co.uk/dfe-had-agreement-to-share-pupil-nationality-data-with-home-office/ 

The agreement was changed on 7th October 2016 to not pass nationality data over. It makes no mention of not using the data within the DfE for the same purposes.

Datasharing, lawmaking and ethics: power, practice and public policy

“Lawmaking is the Wire, not Schoolhouse Rock. It’s about blood and war and power, not evidence and argument and policy.”

"We can't trust the regulators," they say. "We need to be able to investigate the data for ourselves." Technology seems to provide the perfect solution. Just put it all online - people can go through the data while trusting no one.  There's just one problem. If you can't trust the regulators, what makes you think you can trust the data?" 

Extracts from The Boy Who Could Change the World: The Writings of Aaron Swartz. Chapter: ‘When is Technology Useful? ‘ June 2009.

The question keeps getting asked, is the concept of ethics obsolete in Big Data?

I’ve come to some conclusions why ‘Big Data’ use keeps pushing the boundaries of what many people find acceptable, and yet the people doing the research, the regulators and lawmakers often express surprise at negative reactions. Some even express disdain for public opinion, dismissing it as ignorant, not ‘understanding the benefits’, yet to be convinced. I’ve decided why I think what is considered ‘ethical’ in data science does not meet public expectation.

It’s not about people.

Researchers using large datasets, often have a foundation in data science, applied computing, maths, and don’t see data as people. It’s only data. Creating patterns, correlations, and analysis of individual level data are not seen as research involving human subjects.

This is embodied in the nth number of research ethics reviews I have read in the last year in which the question is asked, does the research involve people? The answer given is invariably ‘no’.

And these data analysts using, let’s say health data, are not working in a subject that is founded on any ethical principle, contrasting with the medical world the data come from.

The public feels differently about the information that is about them, and may be known, only to them or select professionals. The values that we as the public attach to our data  and expectations of its handling may reflect the expectation we have of handling of us as people who are connected to it. We see our data as all about us.

The values that are therefore put on data, and on how it can and should be used, can be at odds with one another, the public perception is not reciprocated by the researchers. This may be especially true if researchers are using data which has been de-identified, although it may not be anonymous.

New legislation on the horizon, the Better Use of Data in Government,  intends to fill the [loop]hole between what was legal to share in the past and what some want to exploit today, and emphasises a gap in the uses of data by public interest, academic researchers, and uses by government actors. The first incorporate by-and-large privacy and anonymisation techniques by design, versus the second designed for applied use of identifiable data.

Government departments and public bodies want to identify and track people who are somehow misaligned with the values of the system; either through fraud, debt, Troubled Families, or owing Student Loans. All highly sensitive subjects. But their ethical data science framework will not treat them as individuals, but only as data subjects. Or as groups who share certain characteristics.

The system again intrinsically fails to see these uses of data as being about individuals, but sees them as categories of people – “fraud” “debt” “Troubled families.” It is designed to profile people.

Services that weren’t built for people, but for government processes, result in datasets used in research, that aren’t well designed for research. So we now see attempts to shoehorn historical practices into data use  by modern data science practitioners, with policy that is shortsighted.

We can’t afford for these things to be so off axis, if civil service thinking is exploring “potential game-changers such as virtual reality for citizens in the autism spectrum, biometrics to reduce fraud, and data science and machine-learning to automate decisions.”

In an organisation such as DWP this must be really well designed since “the scale at which we operate is unprecedented: with 800 locations and 85,000  colleagues, we’re larger than most retail operations.”

The power to affect individual lives through poor technology is vast and some impacts seem to be being badly ignored. The ‘‘real time earnings’ database improved accuracy of benefit payments was widely agreed to have been harmful to some individuals through the Universal Credit scheme, with delayed payments meaning families at foodbanks, and contributing to worse.

“We believe execution is the major job of every business leader,” perhaps not the best wording in on DWP data uses.

What accountability will be built-by design?

I’ve been thinking recently about drawing a social ecological model of personal data empowerment or control. Thinking about visualisation of wants, gaps and consent models, to show rather than tell policy makers where these gaps exist in public perception and expectations, policy and practice. If anyone knows of one on data, please shout. I think it might be helpful.

But the data *is* all about people

Regardless whether they are in front of you or numbers on a screen, big or small datasets using data about real lives are data about people. And that triggers a need to treat the data with an ethical approach as you would people involved face-to-face.

Researchers need to stop treating data about people as meaningless data because that’s not how people think about their own data being used. Not only that, but if the whole point of your big data research is to have impact, your data outcomes, will change lives.

Tosh, I know some say. But, I have argued, the reason being is that the applications of the data science/ research/ policy findings / impact of immigration in education review / [insert purposes of the data user’s choosing] are designed to have impact on people. Often the people about whom the research is done without their knowledge or consent. And while most people say that is OK, where it’s public interest research, the possibilities are outstripping what the public has expressed as acceptable, and few seem to care.

Evidence from public engagement and ethics all say, hidden pigeon-holing, profiling, is unacceptable. Data Protection law has special requirements for it, on autonomous decisions. ‘Profiling’ is now clearly defined under article 4 of the GDPR as ” any form of automated processing of personal data consisting of using those data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.”

Using big datasets for research that ‘isn’t interested in individuals’ may still intend to create results profiling groups for applied policing, or discriminate, to make knowledge available by location. The data may have been deidentified, but in application becomes no longer anonymous.

Big Data research that results in profiling groups with the intent for applied health policy impacts for good, may by the very point of research, with the intent of improving a particular ethnic minority access to services, for example.

Then look at the voting process changes in North Carolina and see how that same data, the same research knowledge might be applied to exclude, to restrict rights, and to disempower.

Is it possible to have ethical oversight that can protect good data use and protect people’s rights if they conflict with the policy purposes?

The “clear legal basis”is not enough for public trust

Data use can be legal and can still be unethical, harmful and shortsighted in many ways, for both the impacts on research – in terms of withholding data and falsifying data and avoiding the system to avoid giving in data – and the lives it will touch.

What education has to learn from health is whether it will permit the uses by ‘others’ outside education to jeopardise the collection of school data intended in the best interests of children, not the system. In England it must start to analyse what is needed vs wanted. What is necessary and proportionate and justifies maintaining named data indefinitely, exposed to changing scope.

In health, the most recent Caldicott review suggests scope change by design – that is a red line for many: “For that reason the Review recommends that, in due course, the opt-out should not apply to all flows of information into the HSCIC. This requires careful consideration with the primary care community.”

The community spoke out already, and strongly in Spring and Summer 2014 that there must be an absolute right to confidentiality to protect patients’ trust in the system. Scope that ‘sounds’ like it might sneakily change in future, will be a death knell to public interest research, because repeated trust erosion will be fatal.

Laws change to allow scope change without informing people whose data are being used for different purposes

Regulators must be seen to be trusted, if the data they regulate is to be trustworthy. Laws and regulators that plan scope for the future watering down of public protection, water down public trust from today. Unethical policy and practice, will not be saved by pseudo-data-science ethics.

Will those decisions in private political rooms be worth the public cost to research, to policy, and to the lives it will ultimately affect?

What happens when the ethical black holes in policy, lawmaking and practice collide?

At the last UK HealthCamp towards the end of the day, when we discussed the hard things, the topic inevitably moved swiftly to consent, to building big databases, public perception, and why anyone would think there is potential for abuse, when clearly the intended use is good.

The answer came back from one of the participants, “OK now it’s the time to say. Because, Nazis.” Meaning, let’s learn from history.

Given the state of UK politics, Go Home van policies, restaurant raids, the possibility of Trump getting access to UK sensitive data of all sorts from across the Atlantic, given recent policy effects on the rights of the disabled and others, I wonder if we would hear the gentle laughter in the room in answer to the same question today.

With what is reported as Whitehall’s digital leadership sharp change today, the future of digital in government services and policy and lawmaking does indeed seem to be more “about blood and war and power,” than “evidence and argument and policy“.

The concept of ethics in datasharing using public data in the UK is far from becoming obsolete. It has yet to begin.

We have ethical black holes in big data research, in big data policy, and big data practices in England. The conflicts between public interest research and government uses of population wide datasets, how the public perceive the use of our data and how they are used, gaps and tensions in policy and practice are there.

We are simply waiting for the Big Bang. Whether it will be creative, or destructive we are yet to feel.

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image credit: LIGO – graphical visualisation of black holes on the discovery of gravitational waves

References:

Report: Caldicott review – National Data Guardian for Health and Care Review of Data Security, Consent and Opt-Outs 2016

Report: The OneWay Mirror: Public attitudes to commercial access to health data

Royal Statistical Society Survey carried out by Ipsos MORI: The Data Trust Deficit

OkCupid and Google DeepMind: Happily ever after? Purposes and ethics in datasharing

This blog post is also available as an audio file on soundcloud.


What constitutes the public interest must be set in a universally fair and transparent ethics framework if the benefits of research are to be realised – whether in social science, health, education and more – that framework will provide a strategy to getting the pre-requisite success factors right, ensuring research in the public interest is not only fit for the future, but thrives. There has been a climate change in consent. We need to stop talking about barriers that prevent datasharing  and start talking about the boundaries within which we can.

What is the purpose for which I provide my personal data?

‘We use math to get you dates’, says OkCupid’s tagline.

That’s the purpose of the site. It’s the reason people log in and create a profile, enter their personal data and post it online for others who are looking for dates to see. The purpose, is to get a date.

When over 68K OkCupid users registered for the site to find dates, they didn’t sign up to have their identifiable data used and published in ‘a very large dataset’ and onwardly re-used by anyone with unregistered access. The users data were extracted “without the express prior consent of the user […].”

Are the registration consent purposes compatible with the purposes to which the researcher put the data should be a simple enough question.  Are the research purposes what the person signed up to, or would they be surprised to find out their data were used like this?

Questions the “OkCupid data snatcher”, now self-confessed ‘non-academic’ researcher, thought unimportant to consider.

But it appears in the last month, he has been in good company.

Google DeepMind, and the Royal Free, big players who do know how to handle data and consent well, paid too little attention to the very same question of purposes.

The boundaries of how the users of OkCupid had chosen to reveal information and to whom, have not been respected in this project.

Nor were these boundaries respected by the Royal Free London trust that gave out patient data for use by Google DeepMind with changing explanations, without clear purposes or permission.

The legal boundaries in these recent stories appear unclear or to have been ignored. The privacy boundaries deemed irrelevant. Regulatory oversight lacking.

The respectful ethical boundaries of consent to purposes, disregarding autonomy, have indisputably broken down, whether by commercial org, public body, or lone ‘researcher’.

Research purposes

The crux of data access decisions is purposes. What question is the research to address – what is the purpose for which the data will be used? The intent by Kirkegaard was to test:

“the relationship of cognitive ability to religious beliefs and political interest/participation…”

In this case the question appears intended rather a test of the data, not the data opened up to answer the test. While methodological studies matter, given the care and attention [or self-stated lack thereof] given to its extraction and any attempt to be representative and fair, it would appear this is not the point of this study either.

The data doesn’t include profiles identified as heterosexual male, because ‘the scraper was’. It is also unknown how many users hide their profiles, “so the 99.7% figure [identifying as binary male or female] should be cautiously interpreted.”

“Furthermore, due to the way we sampled the data from the site, it is not even representative of the users on the site, because users who answered more questions are overrepresented.” [sic]

The paper goes on to say photos were not gathered because they would have taken up a lot of storage space and could be done in a future scraping, and

“other data were not collected because we forgot to include them in the scraper.”

The data are knowingly of poor quality, inaccurate and incomplete. The project cannot be repeated as ‘the scraping tool no longer works’. There is an unclear ethical or peer review process, and the research purpose is at best unclear. We can certainly give someone the benefit of the doubt and say intent appears to have been entirely benevolent. It’s not clear what the intent was. I think it is clearly misplaced and foolish, but not malevolent.

The trouble is, it’s not enough to say, “don’t be evil.” These actions have consequences.

When the researcher asserts in his paper that, “the lack of data sharing probably slows down the progress of science immensely because other researchers would use the data if they could,”  in part he is right.

Google and the Royal Free have tried more eloquently to say the same thing. It’s not research, it’s direct care, in effect, ignore that people are no longer our patients and we’re using historical data without re-consent. We know what we’re doing, we’re the good guys.

However the principles are the same, whether it’s a lone project or global giant. And they’re both wildly wrong as well. More people must take this on board. It’s the reason the public interest needs the Dame Fiona Caldicott review published sooner rather than later.

Just because there is a boundary to data sharing in place, does not mean it is a barrier to be ignored or overcome. Like the registration step to the OkCupid site, consent and the right to opt out of medical research in England and Wales is there for a reason.

We’re desperate to build public trust in UK research right now. So to assert that the lack of data sharing probably slows down the progress of science is misplaced, when it is getting ‘sharing’ wrong, that caused the lack of trust in the first place and harms research.

A climate change in consent

There has been a climate change in public attitude to consent since care.data, clouded by the smoke and mirrors of state surveillance. It cannot be ignored.  The EUGDPR supports it. Researchers may not like change, but there needs to be an according adjustment in expectations and practice.

Without change, there will be no change. Public trust is low. As technology advances and if we continue to see commercial companies get this wrong, we will continue to see public trust falter unless broken things get fixed. Change is possible for the better. But it has to come from companies, institutions, and people within them.

Like climate change, you may deny it if you choose to. But some things are inevitable and unavoidably true.

There is strong support for public interest research but that is not to be taken for granted. Public bodies should defend research from being sunk by commercial misappropriation if they want to future-proof public interest research.

The purpose for which the people gave consent are the boundaries within which you have permission to use data, that gives you freedom within its limits, to use the data.  Purposes and consent are not barriers to be overcome.

If research is to win back public trust developing a future proofed, robust ethical framework for data science must be a priority today.

Commercial companies must overcome the low levels of public trust they have generated in the public to date if they ask ‘trust us because we’re not evil‘. If you can’t rule out the use of data for other purposes, it’s not helping. If you delay independent oversight it’s not helping.

This case study and indeed the Google DeepMind recent episode by contrast demonstrate the urgency with which working out what common expectations and oversight of applied ethics in research, who gets to decide what is ‘in the public interest’ and data science public engagement must be made a priority, in the UK and beyond.

Boundaries in the best interest of the subject and the user

Society needs research in the public interest. We need good decisions made on what will be funded and what will not be. What will influence public policy and where needs attention for change.

To do this ethically, we all need to agree what is fair use of personal data, when is it closed and when is it open, what is direct and what are secondary uses, and how advances in technology are used when they present both opportunities for benefit or risks to harm to individuals, to society and to research as a whole.

The potential benefits of research are potentially being compromised for the sake of arrogance, greed, or misjudgement, no matter intent. Those benefits cannot come at any cost, or disregard public concern, or the price will be trust in all research itself.

In discussing this with social science and medical researchers, I realise not everyone agrees. For some, using deidentified data in trusted third party settings poses such a low privacy risk, that they feel the public should have no say in whether their data are used in research as long it’s ‘in the public interest’.

For the DeepMind researchers and Royal Free, they were confident even using identifiable data, this is the “right” thing to do, without consent.

For the Cabinet Office datasharing consultation, the parts that will open up national registries, share identifiable data more widely and with commercial companies, they are convinced it is all the “right” thing to do, without consent.

How can researchers, society and government understand what is good ethics of data science, as technology permits ever more invasive or covert data mining and the current approach is desperately outdated?

Who decides where those boundaries lie?

“It’s research Jim, but not as we know it.” This is one aspect of data use that ethical reviewers will need to deal with, as we advance the debate on data science in the UK. Whether independents or commercial organisations. Google said their work was not research. Is‘OkCupid’ research?

If this research and data publication proves anything at all, and can offer lessons to learn from, it is perhaps these three things:

Who is accredited as a researcher or ‘prescribed person’ matters. If we are considering new datasharing legislation, and for example, who the UK government is granting access to millions of children’s personal data today. Your idea of a ‘prescribed person’ may not be the same as the rest of the public’s.

Researchers and ethics committees need to adjust to the climate change of public consent. Purposes must be respected in research particularly when sharing sensitive, identifiable data, and there should be no assumptions made that differ from the original purposes when users give consent.

Data ethics and laws are desperately behind data science technology. Governments, institutions, civil, and all society needs to reach a common vision and leadership how to manage these challenges. Who defines these boundaries that matter?

How do we move forward towards better use of data?

Our data and technology are taking on a life of their own, in space which is another frontier, and in time, as data gathered in the past might be used for quite different purposes today.

The public are being left behind in the game-changing decisions made by those who deem they know best about the world we want to live in. We need a say in what shape society wants that to take, particularly for our children as it is their future we are deciding now.

How about an ethical framework for datasharing that supports a transparent public interest, which tries to build a little kinder, less discriminating, more just world, where hope is stronger than fear?

Working with people, with consent, with public support and transparent oversight shouldn’t be too much to ask. Perhaps it is naive, but I believe that with an independent ethical driver behind good decision-making, we could get closer to datasharing like that.

That would bring Better use of data in government.

Purposes and consent are not barriers to be overcome. Within these, shaped by a strong ethical framework, good data sharing practices can tackle some of the real challenges that hinder ‘good use of data’: training, understanding data protection law, communications, accountability and intra-organisational trust. More data sharing alone won’t fix these structural weaknesses in current UK datasharing which are our really tough barriers to good practice.

How our public data will be used in the public interest will not be a destination or have a well defined happy ending, but it is a long term  process which needs to be consensual and there needs to be a clear path to setting out together and achieving collaborative solutions.

While we are all different, I believe that society shares for the most part, commonalities in what we accept as good, and fair, and what we believe is important. The family sitting next to me have just counted out their money and bought an ice cream to share, and the staff gave them two. The little girl is beaming. It seems that even when things are difficult, there is always hope things can be better. And there is always love.

Even if some might give it a bad name.

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img credit: flickr/sofi01/ Beauty and The Beast  under creative commons

Can new datasharing laws win social legitimacy, public trust and support without public engagement?

I’ve been struck by stories I’ve heard on the datasharing consultation, on data science, and on data infrastructures as part of ‘government as a platform’ (#GaaPFuture) in recent weeks. The audio recorded by the Royal Statistical Society on March 17th is excellent, and there were some good questions asked.

There were even questions from insurance backed panels to open up more data for commercial users, and calls for journalists to be seen as accredited researchers, as well as to include health data sharing. Three things that some stakeholders, all users of data, feel are  missing from consultation, and possibly some of those with the most widespread public concern and lowest levels of public trust. [1]

What I feel is missing in consultation discussions are:

  1. a representative range of independent public voice
  2. a compelling story of needs – why tailored public services benefits citizens from whom data is taken, not only benefits data users
  3. the impacts we expect to see in local government
  4. any cost/risk/benefit assessment of those impacts, or for citizens
  5. how the changes will be independently evaluated – as some are to be reviewed

The Royal Statistical Society and ODI have good summaries here of their thoughts, more geared towards the statistical and research aspects of data,  infrastructure and the consultation.

I focus on the other strands that use identifiable data for targeted interventions. Tailored public services, Debt, Fraud, Energy Companies’ use. I think we talk too little of people, and real needs.

Why the State wants more datasharing is not yet a compelling story and public need and benefit seem weak.

So far the creation of new data intermediaries, giving copies of our personal data to other public bodies  – and let’s be clear that this often means through commercial representatives like G4S, Atos, Management consultancies and more –  is yet to convince me of true public needs for the people, versus wants from parts of the State.

What the consultation hopes to achieve, is new powers of law, to give increased data sharing increased legal authority. However this alone will not bring about the social legitimacy of datasharing that the consultation appears to seek through ‘open policy making’.

Legitimacy is badly needed if there is to be public and professional support for change and increased use of our personal data as held by the State, which is missing today,  as care.data starkly exposed. [2]

The gap between Social Legitimacy and the Law

Almost 8 months ago now, before I knew about the datasharing consultation work-in-progress, I suggested to BIS that there was an opportunity for the UK to drive excellence in public involvement in the use of public data by getting real engagement, through pro-active consent.

The carrot for this, is achieving the goal that government wants – greater legal clarity, the use of a significant number of consented people’s personal data for complex range of secondary uses as a secondary benefit.

It was ignored.

If some feel entitled to the right to infringe on citizens’ privacy through a new legal gateway because they believe the public benefit outweighs private rights, then they must also take on the increased balance of risk of doing so, and a responsibility to  do so safely. It is in principle a slippery slope. Any new safeguards and ethics for how this will be done are however unclear in those data strands which are for targeted individual interventions. Especially if predictive.

Upcoming discussions on codes of practice [which have still to be shared] should demonstrate how this is to happen in practice, but codes are not sufficient. Laws which enable will be pushed to their borderline of legal and beyond that of ethical.

In England who would have thought that the 2013 changes that permitted individual children’s data to be given to third parties [3] for educational purposes, would mean giving highly sensitive, identifiable data to journalists without pupils or parental consent? The wording allows it. It is legal. However it fails the DPA Act legal requirement of fair processing.  Above all, it lacks social legitimacy and common sense.

In Scotland, there is current anger over the intrusive ‘named person’ laws which lack both professional and public support and intrude on privacy. Concerns raised should be lessons to learn from in England.

Common sense says laws must take into account social legitimacy.

We have been told at the open policy meetings that this change will not remove the need for informed consent. To be informed, means creating the opportunity for proper communications, and also knowing how you can use the service without coercion, i.e. not having to consent to secondary data uses in order to get the service, and knowing to withdraw consent at any later date. How will that be offered with ways of achieving the removal of data after sharing?

The stick for change, is the legal duty that the recent 2015 CJEU ruling reiterating the legal duty to fair processing [4] waved about. Not just a nice to have, but State bodies’ responsibility to inform citizens when their personal data are used for purposes other than those for which those data had initially been consented and given. New legislation will not  remove this legal duty.

How will it be achieved without public engagement?

Engagement is not PR

Failure to act on what you hear from listening to the public is costly.

Engagement is not done *to* people, don’t think explain why we need the data and its public benefit’ will work. Policy makers must engage with fears and not seek to dismiss or diminish them, but acknowledge and mitigate them by designing technically acceptable solutions. Solutions that enable data sharing in a strong framework of privacy and ethics, not that sees these concepts as barriers. Solutions that have social legitimacy because people support them.

Mr Hunt’s promised February 2014 opt out of anonymised data being used in health research, has yet to be put in place and has had immeasurable costs for delayed public research, and public trust.

How long before people consider suing the DH as data controller for misuse? From where does the arrogance stem that decides to ignore legal rights, moral rights and public opinion of more people than those who voted for the Minister responsible for its delay?

 

This attitude is what fails care.data and the harm is ongoing to public trust and to confidence for researchers’ continued access to data.

The same failure was pointed out by the public members of the tiny Genomics England public engagement meeting two years ago in March 2014, called to respond to concerns over the lack of engagement and potential harm for existing research. The comms lead made a suggestion that the new model of the commercialisation of the human genome in England, to be embedded in the NHS by 2017 as standard clinical practice, was like steam trains in Victorian England opening up the country to new commercial markets. The analogy was felt by the lay attendees to be, and I quote, ‘ridiculous.’

Exploiting confidential personal data for public good must have support and good two-way engagement if it is to get that support, and what is said and agreed must be acted on to be trustworthy.

Policy makers must take into account broad public opinion, and that is unlikely to be submitted to a Parliamentary consultation. (Personally, I first knew such  processes existed only when care.data was brought before the Select Committee in 2014.) We already know what many in the public think about sharing their confidential data from the work with care.data and objections to third party access, to lack of consent. Just because some policy makers don’t like what was said, doesn’t make that public opinion any less valid.

We must bring to the table the public voice from past but recent public engagement work on administrative datasharing [5], the voice of the non-research community, and from those who are not stakeholders who will use the data but the ‘data subjects’, the public  whose data are to be used.

Policy Making must be built on Public Trust

Open policy making is not open just because it says it is. Who has been invited, participated, and how their views actually make a difference on content and implementation is what matters.

Adding controversial ideas at the last minute is terrible engagement, its makes the process less trustworthy and diminishes its legitimacy.

This last minute change suggests some datasharing will be dictated despite critical views in the policy making and without any public engagement. If so, we should ask policy makers on what mandate?

Democracy depends on social legitimacy. Once you lose public trust, it is not easy to restore.

Can new datasharing laws win social legitimacy, public trust and support without public engagement?

In my next post I’ll post look at some of the public engagement work done on datasharing to date, and think about ethics in how data are applied.

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References:

[1] The Royal Statistical Society data trust deficit

[2] “The social licence for research: why care.data ran into trouble,” by Carter et al.

[3] FAQs: Campaign for safe and ethical National Pupil Data

[4] CJEU Bara 2015 Ruling – fair processing between public bodies

[5] Public Dialogues using Administrative data (ESRC / ADRN)

img credit: flickr.com/photos/internetarchivebookimages/

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.

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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.

The front door to our children’s personal data in schools

“EdTech UK will be a pro-active organisation building and accelerating a vibrant education and learning technology sector and leading new developments with our founding partners. It will also be a front door to government, educators, companies and investors from Britain and globally.”

Ian Fordham, CEO, EdTech UK

This front door is a gateway to access our children’s personal data and through it some companies are coming into our schools and homes and taking our data without asking.  And with that, our children lose control over their safeguarded digital identity. Forever.

Companies are all “committed to customer privacy” in those privacy policies which exist at all. However, typically this means they also share your information with ‘our affiliates, our licensors, our agents, our distributors and our suppliers’ and their circles are wide and often in perpetuity. Many simply don’t have a published policy.

Where do they store any data produced in the web session? Who may access it and use it for what purposes? Or how may they use the personal data associated with staff signing up with payment details?

According to research from London & Partners, championed by Boris Johnson, Martha Lane-Fox and others in EdTech, education is one of the fastest growing tech sectors in Britain and is worth £45bn globally; a number set to reach a staggering £129bn by 2020. And perhaps the EdTech diagrams in US dollars shows where the UK plan to draw companies from. If you build it, they will come.

The enthusiasm that some US EdTech type entrepreneurs I have met or listened to speak, is akin to religious fervour. Such is their drive for tech however, that they appear to forget that education is all about the child. Individual children. Not cohorts, or workforces. And even when they do it can be sincerely said, but lacks substance when you examine policies in practice.

How is the DfE measuring the cost and benefit of tech and its applications in education?

Is anyone willing to say not all tech is good tech, not every application is a wise application? Because every child is unique, not every app is one size fits all?

My 7-yo got so caught up in the game and in the mastery of the app their class was prescribed for homework in the past, that she couldn’t master the maths and harmed her confidence. (Imagine something like this, clicking on the two correct sheep with numbers stamped on them, that together add up to 12, for example, before they fall off and die.)

She has no problem with maths. Nor doing sums under pressure. She told me happily today she’d come joint second in a speed tables test. That particular app style simply doesn’t suit her.

I wonder if other children and parents find the same and if so, how would we know if these apps do more harm than good?

Nearly 300,000 young people in Britain have an anxiety disorder according to the Royal College of Psychiatrists. Feeling watched all the time on-and offline is unlikely to make anxiety any better.

How can the public and parents know that edTech which comes into the home with their children, is behaviourally sound?

How can the public and parents know that edTech which affects their children, is ethically sound in both security and application?

Where is the measured realism in the providers’ and policy makers fervour when both seek to marketise edTech and our personal data for the good of the economy, and ‘in the public interest’.

Just because we can, does not always mean we should. Simply because data linkage is feasible, even if it brings public benefit, cannot point blank mean it will always be in our best interest.

In whose best Interest is it anyway?

Right now, I’m not convinced that the digital policies at the heart of the Department for Education, the EdTech drivers or many providers have our children’s best interests at heart at all. It’s all about the economy; when talking if at all about children using the technology, many talk only of ‘preparing the workforce’.

Are children and parents asked to consent at individual level to the terms and conditions of the company and told what data will be extracted from the school systems about their child? Or do schools simply sign up their children and parents en masse, seeing it as part of their homework management system?

How much ‘real’ personal data they use varies. Some use only pseudo-IDs assigned by the teacher. Others log, store and share everything they do assigned to their ID or real email address , store performance over time and provide personalised reports of results.

Teachers and schools have a vital role to play in understanding data ethics and privacy to get this right and speaking to many, it doesn’t seem something they feel well equipped to do. Parents aren’t always asked. But should schools not always have to ask before giving data to a commercial third party or when not in an ’emergency’ situation?

I love tech. My children love making lego robots move with code. Or driving drones with bananas. Or animation. Technology offers opportunity for application in and outside schools for children that are fascinating, and worthy, and of benefit.

If however all parents are to protect children’s digital identity for future, and to be able to hand over any control and integrity over their personal data to them as adults,  we must better accommodate children’s data privacy in this 2016 gold rush for EdTech.

Pupils and parents need to be assured their software is both educationally and ethically sound.  Who defines those standards?

Who is in charge of Driving, Miss Morgan?

Microsoft’s vice-president of worldwide education, recently opened the BETT exhibition and praised teachers for using technology to achieve amazing things in the classroom, and urged innovators to  “join hands as a global community in driving this change”.

While there is a case to say no exposure to technology in today’s teaching would be neglectful, there is a stronger duty to ensure exposure to technology is positive and inclusive, not harmful.

Who regulates that?

We are on the edge of an explosion of tech and children’s personal data ‘sharing’ with third parties in education.

Where is its oversight?

The community of parents and children are at real risk of being completely left out these decisions, and exploited.

The upcoming “safeguarding” policies online are a joke if the DfE tells us loudly to safeguard children’s identity out front, and quietly gives their personal data away for cash round the back.

The front door to our children’s data “for government, educators, companies and investors from Britain and globally” is wide open.

Behind the scenes  in pupil data privacy, it’s a bit of a mess. And these policy makers and providers forgot to ask first,  if they could come in.

If we build it, would you come?

My question now is, if we could build something better on pupil data privacy AND better data use, what would it look like?

Could we build an assessment model of the collection, use and release of data in schools that could benefit pupils and parents, AND educational establishments and providers?

This could be a step towards future-proofing public trust which will be vital for companies who want a foot-in-the door of EdTech. Design an ethical framework for digital decision making and a practical data model for use in Education.

Educationally and ethically sound.

If together providers, policy makers, schools at group Trust level, could meet with Data Protection and Privacy civil society experts to shape a tool kit of how to assess privacy impact, to ensure safeguarding and freedoms, enable safe data flow and help design cybersecurity that works for them and protects children’s privacy that is lacking today, designing for tomorrow, would you come?

Which door will we choose?

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image credit: @ Ben Buschfeld Wikipedia

*added February 13th: Oftsed Chair sought from US

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

 

 

Monitoring software in schools: the Department for Education’s digital dream or nightmare? (1)

Nicky Morgan, the Education Secretary,  gave a speech [1] this week and shared her dream of the benefits technology for pupils.

It mentioned two initiatives to log children’s individual actions; one is included in a consultation on new statutory guidance, and the other she praised, is a GPS based mobile monitoring app.

As with many new applications of technology, how the concept is to be implemented in practice is important to help understand how intrusive any new use of data is going to be.

Unfortunately for this consultation there is no supporting code of practice what the change will mean, and questions need asked.

The most significant aspects in terms of changes to data collection through required monitoring are in the areas of statutory monitoring, systems, and mandatory teaching of ‘safeguarding’:

Consultation p11/14: “We believe including the requirement to ensure appropriate filtering and monitoring are in place, in statutory guidance, is proportional and reasonable in order to ensure all schools and colleges are meeting this requirement. We don’t think including this requirement will create addition burdens for the vast majority of schools, as they are already doing this, but we are keen to test this assumption.”

Consultation:  paragraph 75 on page 22 introduces this guidance section and ends with a link to “Buying advice for schools.” “Governing bodies and proprietors should be confident that systems are in place that will identify children accessing or trying to access harmful and inappropriate content online. Guidance on e-security is available from the National Education Network.

Guidance: para 78 “Whilst it is essential that governing bodies and proprietors ensure that appropriate filters and monitoring systems are in place they should be careful  that “over blocking” does not lead to unreasonable restrictions as to what children can be taught with regards to online teaching  and safeguarding.” —

Consultation: “The Opportunities to teach safeguarding” section (para 77-78) has been updated and now says governing bodies and  “should ensure” rather than “should consider” that children are taught about safeguarding, including online, through teaching and learning opportunities. This is an important topic and the assumption is the vast majority of governing bodies and proprietors will already be ensuring the children in their school are suitably equipped with regards to safeguarding. But we are keen to hear views as to the change in emphasis.”

Paragraph 88 on p24  is oddly phrased: “Governing bodies and proprietors should ensure that staff members do not agree confidentiality and always act in the best interests of the child.”

What if confidentiality may sometimes be in the best interests of the child? What would that mean in practice?

 

Keeping Children Safe in Education – Questions on the Consultation and Use in practice

The consultation [2] is open until February 16th, and includes a new requirement to have web filtering and monitoring systems.

Remembering that 85% of children’s waking hours are spent outside school, and in a wide range of schools our children aged 2 -19, not every moment is spent unsupervised and on-screen, is it appropriate that this 24/7 monitoring would be applied to all types of school?

This provider software is reportedly being used in nearly 1,400 secondary schools in the UK.  We hear little about its applied use.

The cases of cyber bullying or sexting in schools I hear of locally, or read in the press, are through smartphones. Unless the school snoops on individual devices I wonder therefore if the cost, implementation and impact is proportionate to the benefit?

  1. Necessary and proportionate? How does this type of monitoring compare with other alternatives?
  2. Privacy impact assessment? Has any been done – surely required as a minimum measure?
  3. Cost benefit risk assessment of the new guidance in practice?
  4. Problem vs Solution: What problem is it trying to solve and how will they measure if it is successful, or stop its use if it is not?  Are other methods on offer?
  5. Due diligence: how do parents know that the providers have undergone thorough vetting and understand who they are? After all, these providers have access to millions of our children’s  online interactions.
  6. Evidence: If it has been used for years in school, how has it been assessed against other methods of supervision?
  7. The national cash cost: this must be enormous when added up for every school in the country, how is cost balanced against risk?
  8. Intangible costs – has anyone asked our children’s feeling on this? Where is the boundary between what is constructive and creepy? Is scope change documented if they decide to collect more data?

Are we Creating a Solution that Solves or creates a Problem?

The private providers would have no incentive to say their reports don’t work and schools, legally required to be risk averse, would be unlikely to say stop if there is no outcome at all.

Some providers  include “review of all incidents by child protection and forensic experts; freeing up time for teachers to focus on intervention” and “trends such as top users can be viewed.” How involved are staff who know the child as a first point of information sharing?

Most tools are multipurposed and I understand the reasons given behind them, but how it is implemented concerns me.

If the extent of these issues really justify this mass monitoring in every school – what are we doing to fix the causes, not simply spy on every child’s every online action in school? (I look at how it extends outside in part two.)

Questions on Public engagement: How are children and families involved in the implementation and with what oversight?

  1. Privacy and consent: Has anyone asked pupils and parents what they think and what rights they have to say no to sharing data?
  2. Involvement: Are parents to be involved and informed in software purchasing and in all data sharing decisions at local or regional level? Is there consistency of message if providers vary?
  3. Transparency: Where are the data created through the child’s actions stored, and for how long? Who has access to the data? What actions may result from it? And with what oversight?
  4. Understanding: How will children and parents be told what is “harmful and inappropriate content” as loosely defined by the consultation, and what they may or may not research? Children’s slang changes often, and “safeguarding” terms are subjective.
  5. Recourse: Will it include assessment of unintended consequences from misinterpretation of information gathered?
  6. Consent: And can I opt my child out from data collection by these unknown and ‘faceless’ third parties?

If children and parents are told their web use is monitored, what chilling effect may that have on their trust of the system, of teaching staff, and their ability to look for content to support their own sensitive concerns or development  that they may not be able to safe to look for at home? What limitation will that put on their creativity?

These are all questions that should be asked to thoroughly understand the consultation and requires wide public examination.

Since key logging is already common practice (according to provider websites) and will effectively in practice become statutory, where is the public discussion? If it’s not explicitly statutory, should pupils be subject to spying on their web searches in a postcode lottery?

What exactly might this part of the new guidance mean for pupils?

In part two, I include the other part of her speech, the GPS app and ask whether if we track every child in and outside school, are we moving closer to the digital dream, or nightmare, in the search to close the digital skills gap?

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References:

[1] Nicky Morgan’s full speech at BETT

[2] 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

“Governing bodies and proprietors should be confident that systems are in place that will identify children accessing or trying to access harmful and inappropriate content online. [Proposed statutory guidance]

Since “guidance on procuring appropriate ICT” from the National Education Network NEN* is offered, it is clearly intended that this ‘system’ to be ‘in place’, should be computer based. How will it be applied in practice? A number of the software providers for schools already provide services that include key logging, using “keyword detection libraries” that “provides a complete log of all online activity”.

(*It’s hard to read more about as many of NEN’s links are dead.)