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2011
DOI: 10.3390/info2020247
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Designing Data Protection Safeguards Ethically

Abstract: Since the mid 1990s, lawmakers and scholars have worked on the idea of embedding data protection safeguards in information and communication technology (ICT) with the aim to access and control personal data in compliance with current regulatory frameworks. This effort has been strengthened by the capacities of computers to draw upon the tools of artificial intelligence (AI) and operations research. However, work on AI and the law entails crucial ethical issues concerning both values and modalities of design. O… Show more

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Cited by 14 publications
(4 citation statements)
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References 44 publications
(88 reference statements)
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“…Along with designerly and STS approaches to practicing ethically and socially circumspect innovation, the last 20 years have also seen the emergence of a range of regulatory approaches. Regulatory measures include Recital 46 of Directive 95/94 of the European Union (1995), the first European directive on data protection, which aims to embed 'appropriate measures' in ICTs 'both at the time of the design of the processing system and at the time of the processing itself, particularly in order to maintain security and thereby to prevent any unauthorized processing' of personal data' (Pagallo, 2011). Currently (in the EU) regulatory approaches for the assessment of IT innovation are being developed and institutionalized including in 2012 a proposal by the EU Commission for a new general data protection legal framework that has not yet been adopted 2 .…”
Section: Regulatory Approaches To It Innovationmentioning
confidence: 99%
“…Along with designerly and STS approaches to practicing ethically and socially circumspect innovation, the last 20 years have also seen the emergence of a range of regulatory approaches. Regulatory measures include Recital 46 of Directive 95/94 of the European Union (1995), the first European directive on data protection, which aims to embed 'appropriate measures' in ICTs 'both at the time of the design of the processing system and at the time of the processing itself, particularly in order to maintain security and thereby to prevent any unauthorized processing' of personal data' (Pagallo, 2011). Currently (in the EU) regulatory approaches for the assessment of IT innovation are being developed and institutionalized including in 2012 a proposal by the EU Commission for a new general data protection legal framework that has not yet been adopted 2 .…”
Section: Regulatory Approaches To It Innovationmentioning
confidence: 99%
“…Legal constraints embedded into spaces, places, or digital interfaces, can either aim to nudge people (Thaler and Sunstein 2009), or to decrease the impact of harm-generating behaviours (e.g. risk management), or to prevent such harm-generating behaviours even from occurring (Pagallo 2011). Work on the ethical and legal challenges of self-enforcing technologies should thus help us tackle current discussions about whether and to what extent new IT solutions for virus mass tracing, such as the Pan-European Privacy-Preserving Proximity Tracing model (pepp-pt.org), or the Apple-Google design system, should be adopted.…”
Section: On Life and Deathmentioning
confidence: 99%
“…Refer to Leenes and Koops (2005) for further analysis. The popular techniques appropriate to this study that involve embedding safeguards and regulatory measures into technology are generally centred on privacy; that is, following the principle of privacy by design (Cavoukian, 2009;De Hert et al, 2009;Pagallo, 2011) and the deployment of privacyenhancing technologies (PETs) (Clarke, 2001a;Kosta et al, 2008;De Hert et al, 2009). Technological approaches are not, however, dependable mechanisms in their own right.…”
Section: Ethical Challenges In the Lbs Domainmentioning
confidence: 99%