Projects / Programmes
Law in the age of big data: Regulating privacy, transparency, secrecy and other competing values in the 21st century
| Code |
Science |
Field |
Subfield |
| 5.07.00 |
Social sciences |
Criminology and social work |
|
| Code |
Science |
Field |
| S160 |
Social sciences |
Criminology |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
Law, privacy, secrecy, surveillance, transparency, security, human rights, big data
Researchers (16)
Organisations (2)
Abstract
Transformation of increasingly greater part of our activities into a digital language creates enormous quantity of personal data (“big data”) on which functioning of postmodern society existentially depends upon. In theoretical discussions there is a predominant opinion that it will be the phenomenon of big data which will in future influence our way of thinking about the world and our place in it. The existence of big data brings many advantages to individuals, companies and states, but is at the same time source of numerous difficulties. Our society moves rapidly from an era where information was scarce to an era where problems arise due to there being too many. Data can be efficiently linked and mined using algorithms created to discover hidden connections. Organizing data, data mining, and more generally: looking for useful connections is left to mathematical algorithms and not to humans. Data thus processed creates new knowledge in cultural-civilization space characterised by social inequality and unequal division of wealth, and act as means of deepening and widening processes of social exclusion, influencing social (in)equality and weakening social cohesiveness.
In modern western societies there is a predominant belief that digital technologies and big data will solve numerous social problems, from economic crisis to terrorism. USA and EU are financing research on development of computer programs being able to predict criminal behaviour on the basis of recognized facial characteristics or a characteristic of walking. Police predictive software such as IBM’s Blue Crush program produce probability reports on criminality and assure us that by using this, societies will reduce crime. TrapWire program, for example, is looking for patterns which would help us predict a terrorist attack. Prognosis is made by using data input from CCTV, sometimes set all across the town; facial recognition data from CCTV is then combined with data from various (police) databases. Such knowledge built on a large quantity of seemingly unrelated data, basing its credibility on complex mathematical solutions, legitimizes increased social control, limits privacy and undermines basic principles of criminal procedure.
In a big data era central subjects of digital surveillance are alliances between governments and corporations which spread surveillance network onto new objects of control. These are not only individuals suspected of committing a criminal offence, but as well the ones not being suspected of anything, along with samples (of individuals) created for administrative purposes resulting in effect of social sorting. Objects of surveillance are also things connected to the “internet of things” which consequently allows tracking of an individual. Last but not least, profiling of individuals available is made available through tracking the financial currents etc.
Proposed research project analyzes legal regulation of different domains of digital surveillance, especially police and financial surveillance, prisoner surveillance, cyber spying and quasi-judicial control. It also analyses surveillance technology which contains emancipation potentials and turns the gaze back to inverse surveillance (e. g. project Supervizor of Slovenian Commission for the prevention of corruption). The project will also measure attitudes of professional and general public to these questions.
Examination, analysis and critical assessment of legal basis will be carried out from the point of view of data protection, constitutional, criminal procedure and international public law in Slovenia and EU. It will also refer to national, foreign and European case law, including the one of European Court of Human Rights, European Court of Justice and The Article 29 Data Protection Working Party. The final goal of the project is to present cost-benefit analysis of new surveillance technologies and propose improvements with the purpose of reducing surveillance in future.
Significance for science
The research project broadened and reaffirmed the role of Slovene science primarily in the field of criminology as well as several legal disciplines in a research area that remains relatively underexplored on a global level. The project contributed to the evolution of criminological and legal science that is highly needed due to the technological revolution’s influence on our societies. The research project has an impact on the European legal science and European criminology. Our researchers drew insights from foreign and international research and in turn contributed to the global knowledge. They delivered lectures and presentations at the international scientific events, published articles in foreign scientific journals and a monograph on big data published by the internationally renewed publishing house together with the most advanced research groups. Given that the project wove “big data” in national and the European legal order, it enabled further academic synergies, such as position of academic guest at the ETH Zurich, or collaboration with other researchers, e.g. from Stanford University. The “impact factor” of Slovene science improved due to extensive number of publications of the research team and intensive collaboration in international research networks, e.g. involvement in COST Action CA16121 dedicated to analysis of cost and benefits of “sharing economy”. This involvement provides further synergies in existing scientific-research networks, e.g. Surveillance Studies Network, European Society of Criminology or European Group for the Study of Deviance and Social Control. Members of the research team continue to be highly involved in the networks with co-organizing their events or preparing joint publications or applications for grants. The research project is important for several scientific fields: 1. criminology: improving the role of criminology in the surveillance studies and theoretical criminology, penology and sentencing; 2. procedural criminal law and policing: i.e. through analysis of the new types of evidence and data, which require an adjustment of evidentiary rules; 3. data protection law: via the analysis of the data protection reform package proposed by the EU Commission in 2012, e.g. in the new monograph published jointly with the Faculty of Law; 4. public international law: via the analysis of modern cyber espionage between states; 5. constitutional law: the project analysed how the new technologies encroach upon basic human rights and thus influence the development of constitutional legal doctrine on protection of privacy; 6. philosophy of (criminal) law with regards to the power of law to regulate technological development; 7. indirect impact on security sciences, sociology and political science. Contribution of the project will be multifaceted and multi-layered: 1. regulation of individual surveillance technologies: e.g. of location data or findings related to police DNA databases (see WP2 publications); 2. regulation of chosen surveillance domains: we were able to provide a more generalized assessment regarding the quality, quantity and other dimensions of surveillance; 3. regulation at the level of the state: e.g. we observed specific legislative turn towards “surveillance society”, we assessed underlying reasons and provided suggestions for improvements. During the funding period we were able to transfer knowledge to our students at universities at home and abroad where our researchers conduct courses (at all levels of the Bologna study of (criminal) law, criminology and security studies).
Significance for the country
Direct impact 1. Improvement of crime policy By analysing criminal procedure, police tasks and powers legislation and by proposing amendments and interpretations compliant with fundamental human rights the research project contributed to improved crime policy, e.g. critical analysis of Criminal Procedure Act (ZKP) and Police Tasks and Powers Act (ZNPPol) (WP2, WP3). The project added to increased transparency of public spending (WP2, WP4). By enabling collaboration between researchers, and policy makers, the research project increased effectiveness and efficiency of crime control (e.g. WP4). The research project had an impact on sentencing policies and sentencing regime in Slovenia. By identifying and analysing impacts of automated sentencing systems, the project contributed to understanding of how to make punishment policies more humane (WP 5). Recent cases of international espionage gave rise to new concerns in the global community. By developing the legal doctrine applicable for cyber espionage, the research project enhanced the role of Slovenia in mitigating the growing mistrust in the international community (WP6). 2. Technological development The project identified stakeholders in the field of digital surveillance, including private surveillance industry, giving them a platform for further collaboration and technological development attuned to fundamental liberties. Short-term impacts: These include identification, analysis and evaluation of the surveillance technologies, e.g. police use of IMSI-catcher or thermo-vision devices and DNA databases (WP2). By doing this, the project provided police with a feedback on this type of police powers. The international conference strengthened the awareness of pros and cons of “Big data”. Long term impacts: For economy: include support for innovative economic development that will be sensitive to the diversity of interests involved in the use of big data. The research project will provide reasons for caution in implementing automatisation of decision-making. The higher level of trust and security will make way for improvements in IT surveillance industry and will foster the use of technology. Indirect impact The research project will indirectly impact the development of society by improving functioning of the criminal justice system and other agencies involved in crime prevention. Advances in police work will enable more commensurate implementation of human rights by subjecting it to new forms of juridical supervision. One of the indirect effects of the project is also cost reduction and higher efficacy of criminal justice agencies. Accordingly, judiciary will strengthen its public image and perceived legitimacy. The project enables crucial development of the penal system, which aims at long-term goal of making prison sentences more humane (WP5). The project examined new forms of cyber-espionage (WP6) and by offering novel legal solutions in cyber-surveillance, it contributed to restoration of some of the lost trust and international stability (WP6). Greater awareness of surveillance costs will prompt higher efficacy of surveillance practices, e.g. by avoiding buying expensive equipment. The project encouraged development of new IT solutions designed to safeguard consumer’s privacy and prevent information leaks (i.e. the privacy by design principle). Greater public awareness of “big data” and related problems may affect online behaviour of users. The project contributed to this goal by disseminating its findings in daily press, with PR messages and special web site as well as by organizing expert meetings and organizing an international conference. It contributed to decreased cyber-victimization in general. Academic excellence can by itself prompt advantageous changes. By analyzing a cutting-edge topic, the project increased the reputation and competitiveness of the Slovenian scientific community in Slovenia and abroad.
Most important scientific results
Annual report
2014,
2015,
final report
Most important socioeconomically and culturally relevant results
Annual report
2014,
2015,
final report
