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Phaedra II Technology foresight, 17 Nov 2016

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Phaedra II Technology foresight, 17 Nov 2016

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The presentation summarises the findings from a recent paper on technology foresight by EU data protection authorities, based upon research conducted in PHAEDRA II, a project dedicated to supporting better collaboration between those authorities.

The presentation summarises the findings from a recent paper on technology foresight by EU data protection authorities, based upon research conducted in PHAEDRA II, a project dedicated to supporting better collaboration between those authorities.

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Phaedra II Technology foresight, 17 Nov 2016

  1. 1. The technology foresight activities of European Union data protection authorities Dr David Barnard-Wills Senior Research Analyst David.barnard- wills@trilateralresearch.com
  2. 2. PHAEDRA Project Overview • PHAEDRA (2013-2014) • Improving practical cooperation and coordination between Data Protection Agencies (DPAs), Privacy Commissioners (PCs) and Privacy Enforcement Authorities (PEAs) around the world, especially in regard to the enforcement of privacy and data protection laws. • PHAEDRA II (2015-2017) • Identify, develop and recommend measures for improving practical co-operation between European Data Protection Authorities (DPAs). – focused on the challenges for co- operation arising from the reform of the European data protection framework and from the EU framework in force. – The project will tackle three of the biggest challenges facing European DPAs: • ensuring consistency • sharing different types of information (including confidential information) and • co-ordination and co-operation regarding enforcement actions. http://www.phaedra-project.eu/
  3. 3. The new paper maps the technology foresight activities of European DPAs : the ways in which these organisations try to understand new technologies and their potential impacts upon data protection. The paper also covers: • The importance of this activity to their work, • The current types of foresight activity and extent to which such activities are performed in isolation or collaboration. • The particular challenges they face, • The potential for a collaborative EU DPA technology foresight task force.
  4. 4. • Technology foresight supports DPA activities and roles – Prepares for future enforcement actions – Anticipate data protection concerns – Allows earlier intervention in design, e.g. Privacy by design – Support new GDPR role in data protection impact assessments – Informs education strategies – Guides assessment of adequacy of existing policy environment.
  5. 5. • Technology foresight activities are highly variable amongst EU DPAs – Not an explicitly mandated task (until GDPR art 57(i)) – Includes studies, reports, expert panels, blogs research collaboration – Often ad-hoc, conducted by interested staff or in response to particular cases – Some larger DPAs do have dedicated technology teams and formal foresight activities – Some international collaboration • Article 29 Working Party Technology sub-group • Berlin group
  6. 6. • Emerging technologies (such as drones, the Internet of Things and big data) demonstrate the specific challenges of DPA foresight – The need for domain expertise in technologies – Understanding the capabilities and affordances of technologies • Separating hype from reality – Understanding when new technologies are a disruptive shift from previous existing technologies – Understanding cumulative impact of technologies (e.g. Drones + big data).
  7. 7. • A dedicated foresight task force of EU DPAs offers substantial benefits – Establishing regular channels of communication between DPAs facing same new technologies, – Shared learning, – Clearing house for national-level foresight – Increased professionalization of data protection technology foresight, – Clear guidance for industry, applicable across EU, – Pooling of resources for more in-depth investigation and research on new technologies – Larger scale consultation and stakeholder participation become possible. – Contribution to forensic investigations where a capacity gap
  8. 8. • A dedicated foresight task force of EU DPAs would require: – The opportunity provided by the GDPR. – Contributions of resources and personnel to be negotiated and agreed. – Composed in a manner that retains independence of DPAs – Combination of IT specialists and experts from other fields (law, social sciences) and ideally with experience across DPA operations – Strong communication between task force, EDPB, and national DPAs. – Mandate and “horizons” collectively agreed upon by contributing parties. – Identification of role in comparison (and collaboration) with parliamentary technology assessment agencies and networks.
  9. 9. Resources PHAEDRA II Deliverable D2.2: Barnard-Wills, David and Vagelis Papakonstantinou, Best Practices for cooperation between EU DPAs, London- Brussels-Warsaw-Castellón, February 2016, 74 pp. [public version] available from: http://www.phaedra-project.eu/deliverables-2/ Barnard-Wills, D. “The technology foresight activities of European Union data protection authorities”, Technological Forecasting & Social Change. 2016 http://www.sciencedirect.com/science/article/pii/S0040162516305571

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