Privacidade e inovação na era do Big Data

A coleta e o armazenamento de dados em larga escala, combinados à capacidade de processamento de dados que não necessariamente tenham relação entre si de forma a gerar novos dados e informações, é uma tecnologia amplamente usada na atualidade, conhecida de forma geral como Big Data. Ao mesmo tempo em que possibilita a criação de novos produtos e serviços inovadores, os quais atendem a demandas e solucionam problemas de diversos setores da sociedade, o Big Data levanta uma série de questionamentos relacionados aos direitos à privacidade e à proteção dos dados pessoais. Esse artigo visa proporcionar um debate sobre o alcance da atual proteção jurídica aos direitos à privacidade e aos dados pessoais nesse contexto, e consequentemente fomentar novos estudos sobre a compatibilização dos mesmos com a liberdade de inovação. Para tanto, abordará, em um primeiro momento, pontos positivos e negativos do Big Data, identificando como o mesmo afeta a sociedade e a economia de forma ampla, incluindo, mas não se limitando, a questões de consumo, saúde, organização social, administração governamental, etc. Em seguida, serão identificados os efeitos dessa tecnologia sobre os direitos à privacidade e à proteção dos dados pessoais, tendo em vista que o Big Data gera grandes mudanças no que diz respeito ao armazenamento e tratamento de dados. Por fim, será feito um mapeamento do atual quadro regulatório brasileiro de proteção a tais direitos, observando se o mesmo realmente responde aos desafios atuais de compatibilização entre inovação e privacidade.

Aplicativo informatizado com o nursing activities score: instrumento para gerenciamento da assistência em unidade de terapia intensiva

A gravidade do paciente ou o número de intervenções nem sempre serão proporcionais à carga de trabalho de enfermagem. Este estudo descritivo teve como objetivo demonstrar a trajetória da construção de um aplicativo (software) com o conteúdo do Nursing Activities Score e suas características operacionais. Foi realizado um teste piloto com 12 pacientes seguindo-se a coleta de dados por 90 dias consecutivos em 123 pacientes. Houve compatibilidade na transmissão de dados do Personal Digital Assistent para o computador de mesa, via wireless. A construção do aplicativo resultou em um sistema com coleta e administração de dados e permitiu realizar a interface gráfica. A utilização do aplicativo possibilita o uso de um sistema tecnológico para aplicação diária, com alimentação de um banco de dados sobre as características dos cuidados requeridos. Conhecendo a evolução destas variáveis durante a internação, o enfermeiro poderá planejar, intervir e avaliar a qualidade do cuidado.

Rights declaration in Linked Data

Linked Data is not always published with a license. Sometimes a wrong license type is used, like a license for software, or it is not expressed in a standard, machine readable manner. Yet, Linked Data resources may be subject to intellectual property and database laws, may contain personal data subject to privacy restrictions or may even contain important trade secrets. The proper declaration of which rights are held, waived or licensed is a must for the lawful use of Linked Data at its different granularity levels, from the simple RDF statement to a dataset or a mapping. After comparing the current practice with the actual needs, six research questions are posed.

Información personal: la nueva moneda de la economía digital

Technological progress has profoundly changed the way personal data are collected, accessed and used. Those data make possible unprecedented customization of advertising which, in turn, is the business model adopted by many of the most successful Internet companies. Yet measuring the value being generated is still a complex task. This paper presents a review of the literature on this subject. It has been found that the economic analysis of personal information has been conducted up to now from a qualitative perspective mainly linked to privacy issues. A better understanding of a quantitative approach to this topic is urgently needed.

Exploring the economic value of personal information from firms' financial statements

Currently personal data gathering in online markets is done on a far larger scale and much cheaper and faster than ever before. Within this scenario, a number of highly relevant companies for whom personal data is the key factor of production have emerged. However, up to now, the corresponding economic analysis has been restricted primarily to a qualitative perspective linked to privacy issues. Precisely, this paper seeks to shed light on the quantitative perspective, approximating the value of personal information for those companies that base their business model on this new type of asset. In the absence of any systematic research or methodology on the subject, an ad hoc procedure is developed in this paper. It starts with the examination of the accounts of a number of key players in online markets. This inspection first aims to determine whether the value of personal information databases is somehow reflected in the firms’ books, and second to define performance measures able to capture this value. After discussing the strengths and weaknesses of possible approaches, the method that performs best under several criteria (revenue per data record) is selected. From here, an estimation of the net present value of personal data is derived, as well as a slight digression into regional differences in the economic value of personal information.

Linked Data Rights 2.0: extension of ODRL for Licensing Linked Data

Linked Data assets (RDF triples, graphs, datasets, mappings...) can be object of protection by the intellectual property law, the database law or its access or publication be restricted by other legal reasons (personal data pro- tection, security reasons, etc.). Publishing a rights expression along with the digital asset, allows the rightsholder waiving some or all of the IP and database rights (leaving the work in the public domain), permitting some operations if certain conditions are satisfied (like giving attribution to the author) or simply reminding the audience that some rights are reserved.

Safe Harbour or into the storm? EU-US data transfers after the Schrems judgment. Liberty and security in Europe No. 85/November 2015

In its recent Schrems judgment the Luxembourg Court annulled Commission Decision 2000/520 according to which US data protection rules are sufficient to satisfy EU privacy rules regarding EU-US transfers of personal data, otherwise known as the ‘Safe Harbour’ framework. What does this judgment mean and what are its main implications for EU-US data transfers? In this paper the authors find that this landmark judgment sends a strong message to EU and US policy-makers about the need to ensure clear rules governing data transfers, so that people whose personal data is transferred to third countries have sufficient legal guarantees. Without such rules there is legal uncertainty and mistrust. Any future arrangement for the transatlantic transfer of data will therefore need to be firmly anchored in a framework of protection commensurate to the EU Charter of Fundamental Rights and the EU data protection architecture.

INVISIBLE LABOR FOR DATA: INSTITUTIONS, INFRASTRUCTURE, AND VIRTUAL SPACE

Americans are accustomed to a wide range of data collection in their lives: census, polls, surveys, user registrations, and disclosure forms. When logging onto the Internet, users’ actions are being tracked everywhere: clicking, typing, tapping, swiping, searching, and placing orders. All of this data is stored to create data-driven profiles of each user. Social network sites, furthermore, set the voluntarily sharing of personal data as the default mode of engagement. But people’s time and energy devoted to creating this massive amount of data, on paper and online, are taken for granted. Few people would consider their time and energy spent on data production as labor. Even if some people do acknowledge their labor for data, they believe it is accessory to the activities at hand. In the face of pervasive data collection and the rising time spent on screens, why do people keep ignoring their labor for data? How has labor for data been become invisible, as something that is disregarded by many users? What does invisible labor for data imply for everyday cultural practices in the United States? Invisible Labor for Data addresses these questions. I argue that three intertwined forces contribute to framing data production as being void of labor: data production institutions throughout history, the Internet’s technological infrastructure (especially with the implementation of algorithms), and the multiplication of virtual spaces. There is a common tendency in the framework of human interactions with computers to deprive data and bodies of their materiality. My Introduction and Chapter 1 offer theoretical interventions by reinstating embodied materiality and redefining labor for data as an ongoing process. The middle Chapters present case studies explaining how labor for data is pushed to the margin of the narratives about data production. I focus on a nationwide debate in the 1960s on whether the U.S. should build a databank, contemporary Big Data practices in the data broker and the Internet industries, and the group of people who are hired to produce data for other people’s avatars in the virtual games. I conclude with a discussion on how the new development of crowdsourcing projects may usher in the new chapter in exploiting invisible and discounted labor for data.

Consequences of big data on the individual: Interview

The speed with which data has moved from being scarce, expensive and valuable, thus justifying detailed and careful verification and analysis to a situation where the streams of detailed data are almost too large to handle has caused a series of shifts to occur. Legal systems already have severe problems keeping up with, or even in touch with, the rate at which unexpected outcomes flow from information technology. The capacity to harness massive quantities of existing data has driven Big Data applications until recently. Now the data flows in real time are rising swiftly, become more invasive and offer monitoring potential that is eagerly sought by commerce and government alike. The ambiguities as to who own this often quite remarkably intrusive personal data need to be resolved – and rapidly - but are likely to encounter rising resistance from industrial and commercial bodies who see this data flow as ‘theirs’. There have been many changes in ICT that has led to stresses in the resolution of the conflicts between IP exploiters and their customers, but this one is of a different scale due to the wide potential for individual customisation of pricing, identification and the rising commercial value of integrated streams of diverse personal data. A new reconciliation between the parties involved is needed. New business models, and a shift in the current confusions over who owns what data into alignments that are in better accord with the community expectations. After all they are the customers, and the emergence of information monopolies needs to be balanced by appropriate consumer/subject rights. This will be a difficult discussion, but one that is needed to realise the great benefits to all that are clearly available if these issues can be positively resolved. The customers need to make these data flow contestable in some form. These Big data flows are only going to grow and become ever more instructive. A better balance is necessary, For the first time these changes are directly affecting governance of democracies, as the very effective micro targeting tools deployed in recent elections have shown. Yet the data gathered is not available to the subjects. This is not a survivable social model. The Private Data Commons needs our help. Businesses and governments exploit big data without regard for issues of legality, data quality, disparate data meanings, and process quality. This often results in poor decisions, with individuals bearing the greatest risk. The threats harbored by big data extend far beyond the individual, however, and call for new legal structures, business processes, and concepts such as a Private Data Commons. This Web extra is the audio part of a video in which author Marcus Wigan expands on his article "Big Data's Big Unintended Consequences" and discusses how businesses and governments exploit big data without regard for issues of legality, data quality, disparate data meanings, and process quality. This often results in poor decisions, with individuals bearing the greatest risk. The threats harbored by big data extend far beyond the individual, however, and call for new legal structures, business processes, and concepts such as a Private Data Commons.

The issue of data protection and data security in the (pre-Lisbon) EU third pillar

The key functional operability in the pre-Lisbon PJCCM pillar of the EU is the exchange of intelligence and information amongst the law enforcement bodies of the EU. The twin issues of data protection and data security within what was the EU’s third pillar legal framework therefore come to the fore. With the Lisbon Treaty reform of the EU, and the increased role of the Commission in PJCCM policy areas, and the integration of the PJCCM provisions with what have traditionally been the pillar I activities of Frontex, the opportunity for streamlining the data protection and data security provisions of the law enforcement bodies of the post-Lisbon EU arises. This is recognised by the Commission in their drafting of an amending regulation for Frontex , when they say that they would prefer “to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be carried out on how to further develop cooperation between agencies in the justice and home affairs field as requested by the Stockholm programme.” The focus of the literature published on this topic, has for the most part, been on the data protection provisions in Pillar I, EC. While the focus of research has recently sifted to the previously Pillar III PJCCM provisions on data protection, a more focused analysis of the interlocking issues of data protection and data security needs to be made in the context of the law enforcement bodies, particularly with regard to those which were based in the pre-Lisbon third pillar. This paper will make a contribution to that debate, arguing that a review of both the data protection and security provision post-Lisbon is required, not only in order to reinforce individual rights, but also inter-agency operability in combating cross-border EU crime. The EC’s provisions on data protection, as enshrined by Directive 95/46/EC, do not apply to the legal frameworks covering developments within the third pillar of the EU. Even Council Framework Decision 2008/977/JHA, which is supposed to cover data protection provisions within PJCCM expressly states that its provisions do not apply to “Europol, Eurojust, the Schengen Information System (SIS)” or to the Customs Information System (CIS). In addition, the post Treaty of Prüm provisions covering the sharing of DNA profiles, dactyloscopic data and vehicle registration data pursuant to Council Decision 2008/615/JHA, are not to be covered by the provisions of the 2008 Framework Decision. As stated by Hijmans and Scirocco, the regime is “best defined as a patchwork of data protection regimes”, with “no legal framework which is stable and unequivocal, like Directive 95/46/EC in the First pillar”. Data security issues are also key to the sharing of data in organised crime or counterterrorism situations. This article will critically analyse the current legal framework for data protection and security within the third pillar of the EU.

Abusing data dominance in the digital market. The application of merger control and article 102 TFEU to data-related conducts.

The internet and digital technologies revolutionized the economy. Regulating the digital market has become a priority for the European Union. While promoting innovation and development, EU institutions must assure that the digital market maintains a competitive structure. Among the numerous elements characterizing the digital sector, users’ data are particularly important. Digital services are centered around personal data, the accumulation of which contributed to the centralization of market power in the hands of a few large providers. As a result, data-driven mergers and data-related abuses gained a central role for the purposes of EU antitrust enforcement. In light of these considerations, this work aims at assessing whether EU competition law is well-suited to address data-driven mergers and data-related abuses of dominance. These conducts are of crucial importance to the maintenance of competition in the digital sector, insofar as the accumulation of users’ data constitutes a fundamental competitive advantage. To begin with, part 1 addresses the specific features of the digital market and their impact on the definition of the relevant market and the assessment of dominance by antitrust authorities. Secondly, part 2 analyzes the EU’s case law on data-driven mergers to verify if merger control is well-suited to address these concentrations. Thirdly, part 3 discusses abuses of dominance in the phase of data collection and the legal frameworks applicable to these conducts. Fourthly, part 4 focuses on access to “essential” datasets and the indirect effects of anticompetitive conducts on rivals’ ability to access users’ information. Finally, Part 5 discusses differential pricing practices implemented online and based on personal data. As it will be assessed, the combination of an efficient competition law enforcement and the auspicial adoption of a specific regulation seems to be the best solution to face the challenges raised by “data-related dominance”.

Data sensitivity detection in chat interactions for privacy protection

In recent years, there has been exponential growth in using virtual spaces, including dialogue systems, that handle personal information. The concept of personal privacy in the literature is discussed and controversial, whereas, in the technological field, it directly influences the degree of reliability perceived in the information system (privacy ‘as trust’). This work aims to protect the right to privacy on personal data (GDPR, 2018) and avoid the loss of sensitive content by exploring sensitive information detection (SID) task. It is grounded on the following research questions: (RQ1) What does sensitive data mean? How to define a personal sensitive information domain? (RQ2) How to create a state-of-the-art model for SID?(RQ3) How to evaluate the model? RQ1 theoretically investigates the concepts of privacy and the ontological state-of-the-art representation of personal information. The Data Privacy Vocabulary (DPV) is the taxonomic resource taken as an authoritative reference for the definition of the knowledge domain. Concerning RQ2, we investigate two approaches to classify sensitive data: the first - bottom-up - explores automatic learning methods based on transformer networks, the second - top-down - proposes logical-symbolic methods with the construction of privaframe, a knowledge graph of compositional frames representing personal data categories. Both approaches are tested. For the evaluation - RQ3 – we create SPeDaC, a sentence-level labeled resource. This can be used as a benchmark or training in the SID task, filling the gap of a shared resource in this field. If the approach based on artificial neural networks confirms the validity of the direction adopted in the most recent studies on SID, the logical-symbolic approach emerges as the preferred way for the classification of fine-grained personal data categories, thanks to the semantic-grounded tailor modeling it allows. At the same time, the results highlight the strong potential of hybrid architectures in solving automatic tasks.

Internet of healthcare (law): privacy and data protection aspects in an internet of everything

The purpose of this research study is to discuss privacy and data protection-related regulatory and compliance challenges posed by digital transformation in healthcare in the wake of the COVID-19 pandemic. The public health crisis accelerated the development of patient-centred remote/hybrid healthcare delivery models that make increased use of telehealth services and related digital solutions. The large-scale uptake of IoT-enabled medical devices and wellness applications, and the offering of healthcare services via healthcare platforms (online doctor marketplaces) have catalysed these developments. However, the use of new enabling technologies (IoT, AI) and the platformisation of healthcare pose complex challenges to the protection of patient’s privacy and personal data. This happens at a time when the EU is drawing up a new regulatory landscape for the use of data and digital technologies. Against this background, the study presents an interdisciplinary (normative and technology-oriented) critical assessment on how the new regulatory framework may affect privacy and data protection requirements regarding the deployment and use of Internet of Health Things (hardware) devices and interconnected software (AI systems). The study also assesses key privacy and data protection challenges that affect healthcare platforms (online doctor marketplaces) in their offering of video API-enabled teleconsultation services and their (anticipated) integration into the European Health Data Space. The overall conclusion of the study is that regulatory deficiencies may create integrity risks for the protection of privacy and personal data in telehealth due to uncertainties about the proper interplay, legal effects and effectiveness of (existing and proposed) EU legislation. The proliferation of normative measures may increase compliance costs, hinder innovation and ultimately, deprive European patients from state-of-the-art digital health technologies, which is paradoxically, the opposite of what the EU plans to achieve.

O uso do tempo no cotidiano de mulheres idosas: um método indicador do estilo de vida de grupos populacionais

O estudo do uso do tempo considera a heterogeneidade do envelhecimento, analisando-o multifatorialmente, permitindo vislumbrar o estilo de vida de indivíduos idosos. Este estudo objetivou descrever o uso do tempo de 75 idosas (68,04 ± 8,36 anos), através das suas atividades diárias. Instrumentos utilizados: teste de cognição (Clock Completion Test), formulário para dados pessoais e entrevista estruturada (Time Diary) para relato das atividades diárias. Para decodificação e classificação das atividades diárias, utilizou-se a classificação australiana para estudos de uso do tempo, distribuindo-as em nove grupos de atividades principais. Foram verificados os contextos físico (local) e social (parceiros sociais) das atividades. Verificou-se que grande parte do tempo destinou-se às atividades obrigatórias (atividades domésticas e de cuidados pessoais). A maior proporção do tempo livre destinou-se ao lazer passivo (assistir televisão) com pouco envolvimento em atividades físicas. A casa e estar com membros da família ou sozinhas representaram o contexto físico e social mais presentes. O estudo permitiu um vislumbre do estilo de vida do grupo. Provavelmente houve influência de fatores individuais como idade, gênero, grau de instrução, estado civil e nível socioeconômico sobre os padrões encontrados para o uso do tempo.

E-Learning Used in a Training Course on Atraumatic Restorative Treatment (ART) for Brazilian Dentists

The purpose of this study was to assess the benefits of using e-learning resources in a dental training course on Atraumatic Restorative Treatment (ART). This e-course was given in a DVD format, which presented the ART technique and philosophy. The participants were twenty-four dentists from the Brazilian public health system. Prior to receiving the DVD, the dentists answered a questionnaire regarding their personal data, previous knowledge about ART, and general interest in training courses. The dentists also participated in an assessment process consisting of a test applied before and after the course. A single researcher corrected the tests, and intraexaminer reproducibility was calculated (kappa=0.89). Paired t-tests were carried out to compare the means between the assessments, showing a significant improvement in the performance of the subjects on the test taken after the course (p<0.05). A linear regression model was used with the difference between the means as the outcome. A greater improvement on the test results was observed among female dentists (p=0.034), dentists working for a shorter period of time in the public health system (p=0.042), and dentists who used the ART technique only for urgent and/or temporary treatment (p=0.010). In conclusion, e-learning has the potential of improving the knowledge that dentists working in the public health system have about ART, especially those with less clinical experience and less knowledge about the subject.