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Quo Vadis Digital Citizen? Can a person be only partially forgotten?

Jasna Čošabić, PhD

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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.

Why?
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.

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Science & Technology

Tech Trends 2019: Beyond the digital frontier

MD Staff

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Deloitte released its milestone 10th annual report on technology trends, “Tech Trends 2019: Beyond the digital frontier.” The report explores how the convergence of new technologies with powerful technological forces is driving disruption across industries. New technologies include advanced networking, serverless computing and intelligent interfaces; and technological forces encompassing digital experiences, cognitive and cloud.

Ten years ago, when smartphones and mobile apps were gaining traction, and technologies like cloud and the Internet of Things were emerging on the scene, Deloitte released its first Tech Trends report. The organization has watched this evolution unfold as the digital imperative and the changing role of technology redefine the enterprise, yet adoption of these trends continues to vary widely. Some companies are only beginning to explore trends Deloitte wrote about in 2010, while others have advanced rapidly along the maturity curve.

“Tech Trends 2019: Beyond the digital frontier” begins with a reflection on a decade of disruptive change driven by nine macro forces: digital experience, analytics, cloud, core modernization, cyber, business of information technology, cognitive, blockchain, and digital reality. The report further explores where these forces are headed.

Next, six trends that are giving rise to new operating models, redefining the nature of work, and dramatically changing IT’s relationship with the business are detailed:

AI-fueled organizations: Leading companies are systematically deploying rapidly maturing technologies – machine learning, natural language processing, RPA, and cognitive – not just to every core business process, but into products, services and the future of industries. Those organizations’ use of artificial intelligence is moving from “Why?” to “Why not?”

NoOps in a serverless world: We’ve reached the next stage in the evolution of cloud computing, with technical resources completely abstracted and management tasks increasingly automated. Freed from mundane responsibilities, IT talent can focus on activities that more directly support business outcomes.

Connectivity of tomorrow: At both macro and micro levels, technologies like 5G, mesh networks, and edge computing are expanding business’ reach to both the far corners of the world — and the smallest spaces in warehouses, retail stores, and other places with utmost precision. Advanced networking is the unsung hero driving development of new products and services and is transforming how work gets done.

Intelligent interfaces: Today, people interact with technology through ever more intelligent interfaces that combine the latest in human-centered design techniques with leading-edge technologies such as computer vision, conversational voice, auditory analytics, augmented reality and virtual reality. Working in concert, these technologies and techniques are transforming the way we engage with machines, data and each other.

Beyond Marketing—Experience reimagined: To deliver the highly personalized, contextualized experiences that today’s customers expect, some chief marketing officers are trading long-standing, traditional agency relationships for closer partnerships with their own CIOs. Enabled by a new generation of marketing tools and techniques focused on personalized, contextual and dynamic experiences, CIOs and CMOs can illuminate and engage customer needs and desires most effectively.

DevSecOps and the cyber imperative: DevSecOps fundamentally transforms cyber, security, privacy and risk management from being compliance-based activities—typically undertaken late in the development lifecycle—into essential framing mindsets across the product journey.

The final chapter explores how modern businesses can navigate digital transformation—building a roadmap that incorporates the right technologies, techniques, talent and executive support.

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Science & Technology

Asia must prepare today for tomorrow’s jobs

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Technology optimists argue that progress creates many more jobs than it destroys. They say fears over job losses are as misplaced as Luddite worries in the 19th century over the loss of jobs like horse and buggy driver or loom weaver. More recently,  the introduction of ATMs  also supports this view since the machines haven’t replaced bank tellers but broadened their roles into customer relationship management.

Certainly, the skyscrapers in cities like Manila and Mumbai are filled with people doing new jobs that have moved them and many others from poverty into the middle class. The last two decades have seen a wave of new professional jobs created in developing Asia, from research analysts to programmers, environmental scientists and data engineers.

But in many cases, even well-paid, new jobs are under threat. Not from technology itself, though artificial intelligence and high-performance robots are a challenge. Rather, policies are lagging the changes happening in industry at large. For Asian countries to overcome the threat to their progress, policymakers need to work with the full range of stakeholders—from employers to educators to workers and unions—and focus on ensuring relevant education and labor regulation.

Take the example of the Philippines. In less than 15 years, the country has built a thriving business process outsourcing (BPO) sector that has created over a million well-paid clerical jobs. The sector now accounts for over 6 percent of annual gross domestic product.

But recently, employment growth has slowed because the sector now requires fewer of the customer service agents that the Philippines most often provides and far more specialized analysts, designers, and researchers. Estimates from the Information Technology and Business Process Association of the Philippines show that the share of low-skilled workers in BPO will decline from 47 percent in 2016 to 27 percent in 2022 while high-skill BPO jobs will increase from 15 percent to 46 percent.

Going forward, automation of basic BPO services, notably robotic process automation, will continue to transform the sector in ways we cannot even conceive of today. This means that the government, education institutions, and BPOs need to work together to train workers for the jobs of the future.

One way to do this is to align education more closely with industry needs. Universities need to speak to employers to find out exactly which IT skills are needed and create courses targeted to their needs. But while it is imperative to increase quality and access to tertiary education in computer and IT-related fields, it is also crucial to create links between vocational and higher education so workers can learn new skills or upgrade their existing skills as employer demands shift. That would create a larger and better educated labor force with a more relevant and diverse skill set.

Other skills for the future are those that develop high cognitive and social abilities useful for roles in research, analysis, or management. We estimate that every year, employment in jobs that have an IT, cognitive, or social focus grows an average of 2.6 percentage points faster than overall employment.

Incorporating digital literacy into standard school curricula from an early age and ensuring that schools develop not only reading, writing, and numeracy skills, but also social and emotional skills is likely to be the most effective way of teaching and providing a foundation for future learning and re-learning.

Labor laws and protections also need a rethink. More than ever before, labor market regulations need to protect workers rather than jobs. In practical terms, this means that stiff regulatory barriers to employee layoffs or to certain types of contracts such as fixed term contracts—common in countries such as India and Indonesia—need to be reconsidered and  modern systems of social protection introduced.

Such systems would include minimum wages covering a large pool of workers, workfare programs, regulations on work hours and conditions, and new ways of promoting equal opportunity. Workers of the future may well work part-time, on-call, or in temporary placements, perhaps with multiple employers at the same time. Even full-time employees are likely to switch jobs frequently.

Some forms of unemployment insurance – tailored to reflect the fiscal health of the government in question – would also help to protect people between jobs. This calls for healthcare, pension, and other benefits that are attached to the worker, rather than the firm, and can be carried from job to job.

Digital technologies using biometric information will make all that easier, and there are good models in place such as India’s Aadhaar system which now covers 1.2 billion people,  Indonesia’s e-KTP, Pakistan’s NADRA, and Malaysia’s MyKad.

There are many reasons to be bullish about the power of technology to create new and better jobs and the Asia and Pacific region is well-placed to benefit. But we cannot be complacent. Policymakers need to confront bottlenecks in their education and regulatory systems that could impede the rise of a middle class.

The future of work and the region’s prosperity depend on it.

ADB

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Science & Technology

Skills for the future: Learning to learn through technology is the new skills visa

Srinivas B. Reddy

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Digital technologies – such as artificial intelligence, 3D printing, cognitive computing, big data, automation, the Internet of Things, advanced robotics and blockchain – are affecting many occupations, both jobs and tasks. The types of skills being demanded by employers are also changing, causing disruption in the task and skill profiles of traditional occupations, such as those in the manufacturing sector. The gig economy also emerged, with people working flexible hours, often producing deliverables with the help of technology.

In my previous blog I highlighted some of the effects the drivers of change are having on the types of skills anticipated for the future labour market, such as readiness to change. Now I would like to look deeper into current and emerging digital innovations for acquiring agility and resilience through Life Long Learning (LLL).

Adopting the LLL approach can help all countries, both developed and developing,  not only to produce digital catalysts and entrepreneurs for the labour market, but also an agile and digitally savvy workforce – young and old – who are skilled, re-skilled, and up-skilled to adapt to technology affecting their careers.

This requires investment in digital skills through the education system, vocational skills training across age groups, and investment by enterprises in the training of workers. For example, new learners can start with core, generic, digital skills such as basic digital literacy, sending emails and using social media. They could then advance to learning programming skills, customer management skills, and digital media and design. Thereafter, more advanced learners could opt for acquiring specialized ‘Industry 4.0’ digital skills for creating, managing and maintaining advanced technologies in the manufacturing sector.

To unfold this digital education and training strategy, and work towards developing and implementing a digital learning policy, countries need to have both trainers and infrastructure. Interestingly, both low and high-technology can facilitate LLL in a cost-effective manner.

Digital technology is being increasingly used worldwide to provide greater, low cost, access to high quality, personalized learning, through online videos, Massive Open Online Courses (MOOCs), online learning portals, mobile applications, and challenge-based games. Instructors and schools are using digital technologies to track the learning outcomes of educational programmes using assessment exercises that capture individual learner progress through tablets and smartphones.

The results are presented on virtual dashboards for instructors. Programmes utilizing artificial intelligence and data analytics then identify trends in computerized databases, and produce reports for learners and parents on areas of improvement. Computerized Education Management Information Systems (EMIS) and Labour Market Information Systems (LMIS) can provide information on access to education, and assessment results by gender and the location of schools (e.g. urban/rural). Low-end digital technologies such as pre-recorded educational videos, satellite-based tools, television and radio programmes are also very powerful tools in reaching learners from vulnerable and disadvantaged communities, even in remote areas. Cross-country technology transfer and knowledge-sharing are the keys to demystifying and delivering the benefits the technology revolution offers. Employers’ and workers’ organizations frequently have a leading role in life-long learning, including anticipating future skill requirements and participating in their delivery.

So, can we use innovation to steer LLL? Yes, we can. Whether you are a young person looking for a job, a worker worried about losing your job because of increasing automation, or, someone who is simply in awe of the different technologies, acquiring new skills that meet changing market demands could improve your employability, and this can be achieved through modern technologies.

ILO

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