In normal life, the answer would be no.
Usually, whether we are going to be remembered or forgotten is not something that we could opt for. We can indeed thrive to by our actions or deeds, but the final outcome of this psychological process is up to third persons having a good or bad perception about us.
In May 2014 the Court of Justice of the European Union (‘the ECJ’) has come to a milestone judgment saying that a person has a right to be forgotten. But the context where the person ought to be forgotten is internet. Not the real world. However, real enough to influence the life of a real person. Thus the ECJ tangled the right to privacy, the right to data protection and the right to expression in a digital world. It brought to internet life Directive 95/46, originaly designed to protect private data of persons processed either by automated means (computer data bases) or by non-automated means (traditional paper). The said Directive could not have envisaged the need for the protection of data on internet, since the internet itself was underdeveloped then.
Mr. Mario Costeja González, the complainant in this case, wanted the Google to remove information on the auction of his property which was published in a local newspapers distributed in Catalonia, Spain, 16 years before. The information consisted of 36 words only. It was published on two dates only. However, still after so many time has lapsed, anyone searching through the name of Mr. Gonzáles using Google, would be offered information about the said auction.
No society would benefit from knowing these few words on selling of his property. Nor would third persons. The only benefit, or more properly malafit was done to Mr. Gonzáles. He wished his name not to be connected with an event that existed many years before, that implied no criminal act nor offence nor damages to third persons.
The ECJ has recognised that by saying that the information to be erased is inadequate, irrelevant or no longer relevant, or excessive in relation to the lapse of time. It authorised Mr. Gonzáles, and other Gonzáleses alike to request search engines to erase the data.
However there we come to a problem. The search engine at issue is Google Inc. But it has its subsidiaries in all the European countries, such as google.es, google.fr, google.at, etc. Therefore Google could come to an idea to erase Mr. Gonzales’s name only from its European subsidiaries.
Because the judgment was issued by the ECJ, which is called the supreme court of the EU. And which formally does not have jurisdiction over USA, Australia or New Zealand.
And why not?
Because it is internet at issue. And internet does not have borders, at least not the classic ones. And because anyone in Europe could access google.es, but at the same time google.com. So if a person was erased from google.es, he still remains at google.com. And he is visible within Europe, at google.com, but also within USA, Australia, New Zealand, etc.
Let’s imagine that the ECJ judgment implies only his erasure from European Google subsidiaries. What could he do to have his name erased from Google.com accessible worldwide? Well, he could initiate the same proceedings before USA court. And Australian court. And New Zealand court. And African court. Actually before all other courts, apart from European which already gave its ruling. Would that be feasible? Justified? Protective of human rights? An answer may already appear to us.
But what is the relation between the real law and cyber law?
Classic legal theories recognise the teritorrial principle in law. With the emerging of international law, the strictly teritorrial approach was a bit modified, by spreading certain features to supranational level. We now face the emerging of a cyber law. In cyber law, uncertain is the teritorry, its control, the area of application. What is not uncertain are the subjects of law. They are still real. Their status is still certain. Therefore the ECJ judgment pointed out that the subjects of the right to erasure are the inhabitants of the EU. The category ‘inhabitants’ is in this case certain.
If we recall the well established case-law of the European Court of Human Rights, it has defined the jurisdiction of a state on a less formal manner. It took into consideration the effective jurisdiction. Not the one which was determined by borders. Nor the one recognised internationally. Therefore the formally Cyprus teritorry could be considered as belonging to Turkey for the purpose of Turkey being respondent party for violations of human rights (see Cyprus v. Turkey, ECtHR judgment of 2001). Such a legal construction enabled the Court to act in an effective manner when dealing with human rights violations which needed a real remedy. A remedy which is effective.
In this case, strictly formally speaking, Google supsidiaries at the European teritorry would be liable. However, can we restrict the information so as to flow only in Europe? Can we determine with certainty that no person in Europe will use the Google.com world url. The answer would be NO. If we have a new media for spreading information potentially violating human rights, we must adjust our legal rules applicable to it. And apparently the praxis.
On this account, the ECJ did make a step further by giving the Directive 95/46 its cyber life, although almost twenty years ago when it was created no such spread of internet was imaginable. It also did make a link of the right to be forgotten to the right to respect for private life under the European Convention on Human Rights, the instrument which already celebrated its 60 years birthday. Such connections make those instruments living together with the growth of society.
Should we then confine ourselves to some old outdated theories? Should we close eyes to real life? The European Court of Human Rights pointed that the right to privacy should not be interpreted restrictively (Amann v. Switzerland, ECtHR judgment of 2000, Rotaru v. Romania, ECtHR judgment of 2000, etc.). Why should we then restrict the application of ECJ judgment to European subsidiaries of Google? Would the purpose of the protection of EU inhabitant be achieved if we act restrictively? If an international principle in dealing with human rights violations is restitutio in integrum, can then a person be ‘in integrum’ forgiven if we allow only for narrow application of ECJ judgment? By answering these questions, we will determine the tommorow’s effect of similar violations. We have to imagine how the tommorow would look like in order to act now. And to act with no constraints that would impair the efficiency of law.
The Hong Kong Deputy High Court Judge, Marlene NG, on the other side of the world, in her judgment of August 2014, in a similar case, has said in concluding remarks to her judgment: ‘…the internet has become a universal medium. The advantages of having easy access to a rich store of information are many, and they have been widely applauded. But such benefit comes at a price; any risk of misinformation can spread easily as users forage in the web. The art is to find the comfortable equilibrium in between.’
We therefore have to accept the fact that the law must follow the growth of society, and not walk by it. The law should follow life and each segment of its development.
So the only logical answer to the first question of this text would remain: No, the person cannot be partially forgotten, neither in real life, nor in the cyber world.
Coding with impact: Training female tech talent from Latin America
“We want to train young women to make them talented and globally competitive software developers.”
Meet Mariana Costa Checa, a young social entrepreneur from Peru. She is the CEO and Co-founder of Laboratoria a company that has been training young women coding and software development skills in Latin America since 2014. Mariana will be attending Mobile Learning Week – UNESCO’s yearly flagship ICT in education event – taking place from 26 – 30 March 2018 in Paris.
What inspired you to start Laboratoria?
We started Laboratoria when I moved back to Lima after living abroad for many years. Before venturing into this, my two co-founders and I actually started a web development agency. It was through that experience that we realized there was a lot of demand for software developers, but that there was a big shortage of talent in that particular area. There were also very few women in that sector so there was a huge gender gap. Even in our team, we had 10 developers and all of them were men. We were puzzled by this disparity in a field with so many job opportunities. In contrast to other sectors, the field of software development is quite flexible in terms of the requirements for qualifications. Many talented individuals working in web development did not necessarily have degrees in computer science from prestigious schools. Some did not even have a degree at all. It is one of those fields where you do not necessarily need an actual degree to find a good job. With all this in mind, we saw the opportunity to create a social enterprise that would train young women in this skill set, and especially women who have not been able to access higher education due to their financial situations.
How did it all come together?
We started Laboratoria as a pilot project and we wanted to keep it very lean and focused. We created a curricula, secured a loan and partnered with two non-profit organizations in two different parts of the city to select a group of students to launch the programme. Our goal was to validate the idea and prove that we could actually teach coding skills to women who had no previous contact with technology and help them build a better future. We learned a lot after the initial pilot. Many of the students performed really well and we hired some of them in our agency and we placed others into other companies. We also realized that there was a lot of interest from the hiring companies who were impressed by the talents and they started reaching out to us. After the pilot, we decided to refine the project and in 2015, we turn it into a full-time, six-month bootcamp training programme with nearly a thousand hours of training to build not only the technical skills of our students but also the soft skills that are needed in the professional world. It has been a long process of adjusting and improving our programme to better prepare our students to make them globally competitive software developers. We have also been working with the hiring companies to create a smooth transition for them after their training. The average income of our graduates has been multiplied by three. We started in Lima, and we have already expanded to Santiago (Chile), Mexico City, Guadalajara (Mexico) and we are now setting up in São Paulo (Brazil). We managed to prove that our model was strong in terms of social impact and that it can be scaled to change the lives of young women across Latin America. To date, more than 580 students have graduated from Laboratoria, and they have been hired by more than 200 companies across the industry.
What is the recipe for a successful social enterprise?
It has been years of very hard work! And there is still so much more to be done. The most important thing for us was the focus on learning. Learning as much as we could, following a methodology to continuously improve our work. We are very focused on gathering data to monitor exactly how the programme is performing and to keep improving it. That is what has enabled us to track and improve our work in such a short period: we have built a culture around learning and we try to attract people who share the same mindset to work at our company. And we want to make sure that we do that with excellence by forming the best junior developers who are competitive in the global job market.
How can the digital and gender divide be tackled?
The digital divide and the gender divide are two issues that are of critical importance. As the economy is shifting and becoming more automated, we are seeing the depletion of many low-skilled jobs. And that is usually where women are overrepresented. But in high-skilled professions, particularly those related to tech where there are many job opportunities, women are underrepresented. Unless we urgently do something to change that ratio, women are going to be left out. The private sector needs to know that diversity adds value, not because they need to check in a box, but because their products will be better by having people from different backgrounds and experiences: it will ultimately benefit the companies. Accountability is a key factor, particularly from education institutions. They must ensure that they are training people with the right skills that are needed and that are relevant to succeed in today’s and tomorrow’s economy. Properly analyzing job prospects is essential because a diploma on its own is not going to do anything. As for governments, they should be enablers of the private sector and of civil society by putting the right incentives to help initiatives that tackle these issues and encouraging companies to be more diverse for a better use of technology.
What is your advice to young women – and young people in general – in today’s hyper-connected economy?
We are living in an era of unprecedented opportunities because of Internet, connectivity and the immense access to information. The most valuable skill-set is to know how to learn by yourself. Be curious to go out and take responsibility for your own learning process. That is what we teach our students at Laboratoria as well. Education is being challenged in all sorts of ways because the future of work is still being defined. People need to take advantage of the opportunities of access to information in order to shape their own paths.
Leveraging Community Mapping to another Level
Community Mapping, often referred to as Public Participatory Geographic Information Systems (PPGIS), can be used to narrate a story surrounding what is occurring everyday (at every second) in our communities. However, community mapping as we see it, can in some parts of the world be a drawing in the sand.
Whereas regular maps seek conformity, community maps embrace diversity in their presentation and content. That said, to be useful for outside groups such as state authorities, the closer the maps follow recognized cartographic conventions, the greater the likelihood they will be embraced as effective communication tools.
During Community Mapping events, community members come together to collect data, which by nature is varied – an inventory of health centers, restaurants, pedestrian infrastructure, toxic emissions, health conditions, the list is endless. The goal – improve the community, curb violence, and increase local economic revenue bases. Community mapping empowers the public by providing opportunities to have a lasting, positive influence on their community. The maps that are generated are used to document community needs and assist with consensus-building and decision-making for improved program designs and policies at a public-sector level.
There are several great websites which are creating training sessions on how to get people more involved in community mapping. Engaging Together is a U.K. organization aimed just this where they list all community assets present in the Dudley borough, and communicate how they use these assets to build relationships and strengthen communities by bringing together a contingency of individuals thus creating a sense of belonging. However, to create community mapping that sticks, one needs technology.
The next generation of community mapping is the Geme.io app which aims to include community asset mapping on various levels. This will help to stimulate and motivate change in the local society, and the app is specifically useful is when:
- There are people not engaged in their local community and/or isolated from relationships with their neighbors.
- A community is fractured with little belief that it can change.
- There are no community associations or where those that do exist are exhausted, characterized by low membership and dominated by public agency agendas.
- Agencies only see the community as a source of problems and needs and cannot visualize potential solutions.
- There is a group of people who organizations see as dependent – for example, people with learning disabilities. This people can thus be empowered.
- Communities and staff who both desire change and see the world differently. By making potential changes visible, assets are uncovered which is where change can thus occur.
Community Asset mapping levels – actual and potential:
The assets of community individuals: these are skills, knowledge, networks, time, interests and passions. Residents can be asked what is positive about where they live, and what they could do to make life better for their community. This can be done by a municipality using the app.
The assets of associations in community: this is not just formal community organizations or voluntary groups. It includes all the informal networks and ways that people come together: football teams, allotment associations, workplaces and so on. For example, a pub quiz team has members of interest, but it could also offer fundraising and networks.
The assets of organizations in community: this is not just the services that organizations deliver locally, but also the infrastructure assets they control, e.g., parks, community centers etc. In fact, it covers anything that could be put to the use of a community to improve its wellbeing. It includes staff and their influence and expertise.
The physical assets of a local community: the green space, unused land, buildings, streets, markets, and transportation in the area. Mapping these assets helps people to appreciate their value and to realize the potential productive uses.
The economic community assets: economic activity lies at the heart of rebuilding a community. What skills and talents are not being used in the local economy? How do local associations contribute to the local economy by attracting investment and generating jobs and income? Could public spending in the area be used to employ local people instead of outside professionals? How could the residents spend more of their money in local shops and businesses and increase local economic activity?
The cultural community assets: everyday life is full of creativity and culture. This involves the mapping of talents for music, drama, art and opportunities for everyone to express themselves in ways that reflect their values and identities.
We are asking all local authorities worldwide to embrace community mapping not as expert mapping, but as a human interaction mapping initiative. Let’s map together!
UN forum to spotlight ways ICT can help beat poverty and boost development
Making information and communication technology (ICT) readily available for vulnerable countries and harnessing it’s potential to help tackle a raft of ills – from disaster risk reduction to reaching ‘zero hunger’ – will be among the issues on the agenda at an annual United Nations information forum that kicked off Monday in Geneva.
From building vibrant information and communication technology (ICT)-centric ecosystems to harnessing their potential for disaster risk reduction, the annual United Nations forum on information kicked off Monday – exploring a range of compelling possibilities to meet sustainable development challenges.
More than 2,500 ICT experts from around the globe have assembled at International Telecommunication Union (ITU) headquarters in Geneva for the World Summit on the Information Society (WSIS) Forum seeking to bring benefits to everyone, everywhere.
“[The WSIS Forum] is our common platform to review the achievements of [information and communication technology] developments, to discuss the challenges and opportunities, to showcase innovation and to share best practices,” said ITU Secretary-General Houlin Zhao.
Innovative projects showcase ICT solutions in areas as diverse and critical as the ‘Internet of Things’ for development, e-agriculture, information accessibility, cybersecurity, virtual reality (VR) and education, autonomous robots, gender empowerment, and the implementation of WSIS Action Lines – a framework for worldwide action on ICTs – towards the Sustainable Development Goals (SDGs).
On site, “ICT Solutions for SDGs” will include drones for social development, robotics, artificial intelligence – and VR experiences.
Cyber nuts and bolts
This year’s WSIS has raised the spotlight on how ICTs can help achieve the Sustainable Development Goals (SDGs), including with a new Youth in ICTs track to leverage the skills of young people aged 18-35.
In a Cloud Café, youth and subject-area experts will exchange knowledge to advance the UN’s work while a Vloggers for SDGs session will discuss how YouTube has changed the way development organizations communicate with the public, including the rise of video blogging or Vlogging.
An innovation track called Accelerating Digital Transformation: Building Vibrant ICT Centric Innovation Ecosystems, provides a unique opportunity to build high-level dialogue, cooperation and partnership and identify good practices to support innovation ecosystems and funding policy for sustainable ICT projects.
For the second-annual global Hackathon, called #HackAgainstHunger, the ITU, Food and Agriculture Organization (FAO) and Impact Hub Geneva assembled more than 75 coders, food and agriculture experts and innovators to develop new ICT solutions to end world hunger.
During the Forum, WSIS Prizes will be awarded to recognize outstanding projects supporting the SDGs. Winners, or WSIS Champions, will play a key role in engaging global and grassroots community in online and community advocacy going forwad.
This year’s forum marks 15 years since the first Summit was held in Geneva, demonstrating that the foundations of a “just and equal information society” set by the Geneva Plan of Action in 2003 are still crucial to all WSIS stakeholders.
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