Could the doctrine of moral rights be used as a basis for understanding the notion of control within data protection law?

This is an Accepted Manuscript of an article published by Taylor & Francis Group in Information & Communications Technology Law on 1 April 2018, available online at:https://doi.org/10.1080/13600834.2018.1458449. Under embargo until 1 October 2019.This article considers the notion of individual control of personal data as envisaged by the European data protection framework and makes the argument that it is a poorly-understood and under-developed concept, but that our understanding of it may be improved by way of analyses and comparisons with the doctrine of moral rights, an important constituent element of intellectual property law. The article starts by examining the concept of personal data itself, and why an enhanced level of individual control over personal data is thought to be a desirable regulatory objective. Following this, the article examines the scholarly literature pertaining to individual control of personal data, as well as a range of relevant EU policy documents. Having done so, the article argues that the notion of control is muddled and confused from both theoretical and practical perspectives. Following this, the article considers the doctrine of moral rights, and through an exploration of its theoretical and practical elements highlights why it may be of assistance in terms of enhancing our understanding of individual control in the data protection context.Peer reviewedFinal Accepted Versio

Big Data and the Reform of the European Data Protection Framework: : An Overview of Potential Concerns Associated with Proposals for Risk Management-based Approaches to the Concept of Personal Data.

This is an Accepted Manuscript of an article published by Taylor & Francis in Information & Communications Technology Law on September 2017, available online: http://www.tandfonline.com/doi/abs/10.1080/13600834.2017.1375237. Under embargo. Embargo end date: 2 March 2019.This article considers the emergence of big data and how it poses considerable difficulties for the European Data Protection framework’s key enabling concept: the notion of personal data. The article starts by outlining the fact that there is an emerging body of opinion which suggests some of these problems might best be addressed by adopting a risk management-based model of personal data. This, it is argued, is suggestive of the emergence of a possible fusion between the disciplines of data protection law and risk management. The article contends, however, that there are several complications associated with the adoption of risk management-based regulatory strategies which have to date not been meaningfully explored in the legal and regulatory literature pertaining to data protection. Consequently, these are issues in need of address. Whilst not intending to counsel against the adoption of risk management-based regulatory strategies the aim of this article is to begin bridging the metaphorical “gap” between legal, regulatory, and risk research and management discourses, to stoke much-needed debate in this topical area. To this end, the article highlights several areas which are in need of further consideration, and where there will likely be possibilities for future inter-disciplinary research.Peer reviewedFinal Accepted Versio

Systems thinking, big data, and data protection law: Using Ackoff’s Interactive Planning to respond to emergent policy challenges.

This document is the Accepted Manuscript of the following article: Henry Pearce, ‘Systems Thinking, Big Data, and Data Protection Law Using Ackoff’s Interactive Planning to Respond to Emergent Policy Challenges’, European Journal of Law Reform, Issue 4, 2016, available online at: https://www.elevenjournals.com/tijdschrift/ejlr/2016/4/EJLR_1387-2370_2016_018_004_004This article examines the emergence of big data and how it poses a number of significant novel challenges to the smooth operation of some the European data protection framework’s fundamental tenets. Building on previous research in the area, the article argues that recent proposals for reform in this area, as well as proposals based on conventional approaches to policy making and regulatory design more generally, will likely be ill-equipped to deal with some of big data’s most severe emergent difficulties. Instead, it is argued that novel, and possibly unorthodox approaches to regulation and policy design premised on systems thinking methodologies may represent attractive and alternative ways forward. As a means of testing this general hypothesis, the article considers Interactive Planning, a systems thinking methodology popularised by the organisational theorist Russel Ackoff, as a particular embryonic example of one such methodological approach, and, using the challenges posed by big data to the principle of purpose limitation as a case study, explores whether its usage may be beneficial in the development of data protection law and policy in the big data environment.Peer reviewedFinal Accepted Versio

Can simulations reproduce the observed temperature-mass relation for clusters of galaxies?

It has become increasingly apparent that traditional hydrodynamical simulations of galaxy clusters are unable to reproduce the observed properties of galaxy clusters, in particular overpredicting the mass corresponding to a given cluster temperature. Such overestimation may lead to systematic errors in results using galaxy clusters as cosmological probes, such as constraints on the density perturbation normalization sigma_8. In this paper we demonstrate that inclusion of additional gas physics, namely radiative cooling and a possible preheating of gas prior to cluster formation, is able to bring the temperature-mass relation in the innermost parts of clusters into good agreement with recent determinations by Allen, Schmidt & Fabian using Chandra data.Comment: 5 pages, submitted to MNRA

Massive galaxies at high redshift

A unique K-band selected high-redshift spectroscopic dataset (UDSz) is exploited to gain further understanding of galaxy evolution at z > 1. Acquired as part of an ESO Large Programme, this thesis presents the reduction and analysis of a sample of ∼ 450 deep optical spectra of a random 1 in 6 sample of the KAB 1 galaxy population. Based on the final reduced dataset, spectrophotometric modelling of the optical spectra and multi-wavelength photometry available for each galaxy is performed using a combination of single and dual component stellar population models. The stellarmass and age estimates provided by the spectrophotometric modelling are exploited throughout the rest of the thesis to investigate the evolution of massive galaxies at z > 1. Focusing on a K-band bright (K < 21.5) sub-sample in the redshift range 1.3 < z < 1.5 the galaxy size-mass relation has been studied in detailed. In agreement with some previous studies it is found that massive, old, early-type galaxies (ETGs) have characteristic radii a factor ~- 1.5 − 3.0 smaller than their local counterparts at a given stellar-mass. Due to the potential errors in spectrophotometric estimates of the stellarmasses at high redshift velocity dispersion measurements are derived for a sub-sample of massive ETGs at z > 1.3 in order to calculate dynamical mass estimates. To date, only a handful of objects at z > 1.3 have individual velocity dispersion estimates in the literature. Here the largest single sample (13 objects) of velocity dispersion measurements at high redshift is presented. The results for the sub-sample of objects with dynamical mass estimates confirm the results based on stellar mass estimates that high redshift massive systems are more compact than their local counterparts. The fraction of K-band bright objects at high redshift that are passively evolving is calculated with specific star-formation rates from the UV rest-frame continuum, [OII] emission and 24μm data. It is concluded that ∼ 58 ± 10% of the K < 21.5, 1.3 < z < 1.5 galaxy population is passively evolving. Various photometric techniques for separating star-forming and passively evolving galaxies are assessed by exploiting the accurate spectral types derived for the UDSz spectroscopic sample. Popular highredshift selection techniques are shown to fail to effectively select complete samples of passive objects with low levels of contamination. Using detailed information available for the UDSz dataset, various techniques are optimised and then used to estimate the passive fraction from the full UDS photometric catalog. The passive fraction results from the full photometric catalog are found to agree well with the results derived from the UDSz sample. With the Visible and Infrared Survey Telescope for Astronomy (VISTA) now starting to produce data, the opportunity has been taken to develop high-redshift galaxy population dividers based on the VISTA filters. Using the first data release from the VISTA Deep Extragalactic Observations (VIDEO) survey (VVDS D1 field), the passive fractions of K-band limited samples have been estimated to compare with results derived in the UDS. Within the errors the passive fraction estimates in the UDS and VISTA VVDS D1 field are found to agree reasonably well. Finally, composite spectra are used to study the evolution of various different galaxy sub-samples as a function of redshift, age, stellar-mass and specific star-formation rate. This work produces an remarkably clean result, showing that the massive, absolute Kband bright, passively evolving ETGs are always the oldest population, with ages close to the age of the Universe at z ∼ 1.4. In contrast, the late-type, low-mass, star-forming galaxies are always found to be much younger systems. This result strongly supports the downsizing scenario, in which more massive systems complete their stellar-mass assembly before lower-mass counterparts

Applications of crop competitive ability in winter oats (Avena sativa L.)

Crop competition is a key component of an integrated approach to weed management. Variation in competitive ability and competitive traits have been identified in many other crop species, however little work has been done on oats. Trials were carried out over four years at one organic site with five husked and three naked oat varieties. Mid-season Leaf Area Index (LAI) and tillering ability were identified as weed suppressive traits using path analysis. Differences in weed tolerance were found among varieties. Trade-offs may exist between competitive traits and yield potential which could be optimised by limiting competitive traits later in the season. Selection of competitive traits with high heritability, whilst minimising yield penalties, could be applied in breeding programmes to develop varieties with greater weed competitive ability

Applications of crop competitive ability in winter oats (Avena sativa L.)

Crop competition is a key component of an integrated approach to weed management. Variation in competitive ability and competitive traits have been identified in many other crop species, however little work has been done on oats. Trials were carried out over four years at one organic site with five husked and three naked oat varieties. Mid-season Leaf Area Index (LAI) and tillering ability were identified as weed suppressive traits using path analysis. Differences in weed tolerance were found among varieties. Trade-offs may exist between competitive traits and yield potential which could be optimised by limiting competitive traits later in the season. Selection of competitive traits with high heritability, whilst minimising yield penalties, could be applied in breeding programmes to develop varieties with greater weed competitive ability

Your data will never die, but you will: A comparative analysis of US and UK post-mortem data donation frameworks

Posthumous medical data donation (PMDD) for the purpose of legitimate, non-commercial and, potentially, very beneficial medical research has been sparsely discussed in legal scholarship to date. Conversely, quite an extensive social science and humanities research establishes benefits of this practice. It also finds that PMDD enables individuals to employ their altruistic motivations and aspirations by helping them participate in ‘citizen’s science’ and medical research, thus supporting efforts in finding cures for some of the acutest diseases of today. There appears to be no jurisdiction where a regulatory framework supports and enables PMDD. This paper analyses whether and to what extent law and policy should enable this practice. We take a comparative approach, examining the position under both US and UK law, providing the first comparative legal account of this practice. We do not aim to suggest a detailed legal solution for PMDD, but rather key considerations and principles for legislative/policy reforms, which would support the practice of PMDD. We discuss organ donation and provide a comparative outlook with the aim of drawing lessons from this practice, and applying them to the regulation of PMDD. Our analysis is both normative and black letter since we consider arguments regarding the necessity of organ and data donation, as well as the law that regulates these practices