Linking pre- and post-adoption records for research in anonymised form in a data safe haven:

Introduction: The long-term health and wellbeing of adoptees is under-researched. One reason for this has been limited data accessibility regarding the adoption process, and another is a practice common in some UK jurisdictions of changing the NHS number (or equivalent) at adoption, as part of creating the new identity. The SAIL Databank holds data from the Wales Children and Family Court Advisory and Support Service (Cafcass Cymru), together with children’s social care data, and can link these with routine health and administrative data in anonymised form. However, because the linkage key at SAIL is based on an encryption of the NHS number, working with pre- and post-adoption records for longitudinal research remains a major challenge. We set out to explore the legal implications of, and social support for, linking these records for use in anonymised form for longitudinal research. Methods: We reviewed the main legislation and regulations governing the use of data about adoptees in England and Wales. We gauged support for a social licence in Wales by carrying out interviews with individuals who had been involved in the adoptions process, and by engaging with general public groups for their views. We drew out the main emerging themes and, in combination with the review, propose a way forward. Results: The legal review indicated that there are provisions in the Family Procedure Rules (England and Wales) and the General Data Protection Regulation that can be relied upon for the lawful processing of adoption data into anonymised form for research. The main points of concern about linking pre- and post-adoption records were privacy, data security, the need to limit the number of organisations involved in data sharing, and re-identification risk. The over-riding message was favourable with longitudinal research seen as strongly beneficial. Conclusion: This study has indicated that in Wales, there is no legal impediment, nor major objection from individuals involved in the adoptions process, as well as the general public for the use of adoption data in anonymised form, in a data safe haven. This includes the linkage of pre- and post‑adoption records to enable novel longitudinal research to take place. The provisos were that robust safeguards must be in place, and that the research should aim to benefit adoptees and to improve policy and practice. We conclude that it is reasonable to proceed with caution to develop practical ways to link pre- and post‑adoption records in a data safe haven

Guardian Knight or Hands Off: The European Response to Network Neutrality. Legal considerations on the electronic communications reform

Network neutrality refers to a policy principle regarding access for online content and service providers to broadband infrastructures. It implies a general and ex ante obligation of non-discrimination for network operators when granting access to providers of online services, with the aim of excluding practices such as blocking access to non-affiliated content, degrading the quality of transmission, imposing unreasonable restrictions or prioritising affiliated content. Whether such obligation should be "cast in the Stone Tables" of the law was first fiercely debated in the United States, and the issue is now gaining increased attention in other parts of the world, including the European Union, where the regulatory framework for electronic communications is currently under review. This article examines whether existing rules already provide the relevant authorities with the necessary tools to take action against broadband providers illegitimately discriminating or blocking content of those who are not prepared to pay a "toll" for the use of higher speed networks or better quality services. It focuses in particular on the EU regulatory framework for electronic communications networks and services, including the reform proposals published by the European Commission on November 13th (type should be like 24th below) 2007 and the resolution adopted by the European Parliament on 24th September 2008.network neutrality, regulation, electronic communications, reform proposals.

Rights in Conflict: The First Amendment’s Third Century

O\u27Neil has witnesses the resolution, or at least the clarification, of many free speech and press issues. There are, however, persistent issues that deserve particularly close scrutiny. Three such issues are tensions between free expression and privacy, civility, and equality

An Evaluation Schema for the Ethical Use of Autonomous Robotic Systems in Security Applications

We propose a multi-step evaluation schema designed to help procurement agencies and others to examine the ethical dimensions of autonomous systems to be applied in the security sector, including autonomous weapons systems

Data governance: a tale of three subjects

Systematic data exploitation through digital means lies at the very heart of the current platform economy. The regulatory boundaries posed by legislation to what firms and individuals can do with this intangible asset fall under the broad concept of data governance. Against this background, the article argues that the three major regulatory policy fields critical in shaping a country’s data governance framework are data control, national security and competition law. These legislative strands have a profound impact on the platform economy and overlap with each other in a significant manner. In exploring the complex trade-offs, this paper reaches two broad conclusions. First, multiple and diverse regulatory domains intersect the digital space, with overlapping and sometimes unpredictable consequences. Second, given the transnational nature of digital activity, international coordination and dialogue are of the utmost importance

Towards Better Sharing of Cultural Heritage -- An Agenda for Copyright Reform

This paper is intended to act as a pillar and reference point for CC's advocacy work in copyright reform in the cultural heritage context, with a focus on issues arising in the digital environment. It may serve to support members of the CC community in their own advocacy efforts, guide policymakers in their legislative processes, and inform anyone interested in the policy issues gravitating around access and reuse of culture and cultural heritage. It will likely be adapted into a GLAM Guide for Policymakers and will be augmented with real-life examples, case studies and practical advice.It starts with an overview of copyright challenges to the legitimate activities of GLAMs, notably preservation (largely through digitization) and sharing of digital and digitized content images and data for access, use and reuse. It also notes copyright's chilling effects in the face of the GLAM sector's general risk aversion. The paper then offers insights towards effective copyright reform addressing those challenges, with a focus on the opportunities related to the digital environment. The proposals for reform aim to create legal certainty and international harmonization as well as to facilitate cross-border transactions.The paper encourages policymakers to recognize and support the pivotal roles of GLAMs in preserving and providing access to knowledge and culture to all members of society. It urges policymakers to engage with stakeholders to ensure there are clear, simple, and effective policies in place to support better sharing of cultural heritage in the public interest.The paper provides a high-level overview of the policy issues and, as a whole, it does not necessarily reflect the current situation in any specific jurisdiction.

Adapting U.S. Electronic Surveillance Laws, Policies, and Practices to Reflect Impending Technological Developments

Intelligence collection must always evolve to meet technological developments. While the collection programs under Section 702 of the FISA Amendments Act of 2008 have produced a great deal of valuable intelligence over the last decade, the United States must begin to think about foreseeable technological developments and strategically consider how to conduct signals intelligence (SIGINT) collection in the future. This Article identifies four technological trends that could significantly impact the way the United States conducts SIGINT. Individuals now have access to sophisticated technologies that formerly only governments seemed capable of creating, and this decentralization of capabilities will likely only increase in the future. The increased prevalence of anonymity and location-spoofing technologies offer benefits to individual users, but may create significant difficulties for the Intelligence Community in determining the location of targets, which is a fundamental aspect of the current legal regime governing SIGINT activities. Also, the United States’ “home field” advantage is receding. This trend means that the United States will have a smaller share of the world’s communications traffic transit its physical infrastructure, which will reduce the Intelligence Community’s ability to acquire precise and intact communications by serving directives on United States companies. The push towards data localization laws may further reduce the United States’ home field advantage. Finally, technology companies have begun to innovate in a manner that reduces their capability to respond to lawful government orders. Technology companies are increasingly adopting encryption technologies and may shift data overseas to try to avoid complying with lawful surveillance orders. Decisions by major private sector technology companies have the ability to shift how SIGINT is collected. If a person’s true location becomes increasingly more difficult to ascertain, the law should adapt to the uncertainty of location. In addition to legislative reforms, it may be prudent to create more forward leaning procedures to ease some of the difficulties that could be caused by increased uncertainty of the location of targets. Finally, as Section 702 becomes less useful in the future, the Intelligence Community must improve collection under Executive Order 12333 to ensure that the government continues to acquire vital intelligence to protect United States national security interests

Soldier 2.0: Military Human Enhancement and International Law

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their responsibility for the actions they take while under the influence of enhancements