Automated Recognition Of Individuals

Published Date: 02 Nov 2017

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Automated recognition of individuals and/or pre-determined traits or risk factors/criteria lies at the basis of smart surveillance systems. Yet new EU regulations and specifically those on information sharing between police and security forces explicitly prohibit automated decision-taking regarding individuals unless "authorised by a law which also lays down measures to safeguard the data subject’s legitimate interests" (Art 7, CFD 2008/977/JHA). Which laws are applicable in this context? What measures are envisioned? What else should the law contain? Can the laws be technology-neutral but sector specific, thus permitting a measured approach to the appropriateness of smart surveillance technologies in key security applications? Can they be extended to all security applications of smart surveillance, even those not covered by CFD 2008/977/JHA?

The SMART project addresses these and other questions through a comprehensive approach which combines a technical review of key application areas by sector with a review of existing pertinent legislation to then produce a set of guidelines and a model law compliant with CFD 2008/977/JHA and EU Directive 46/95.

Objective and mission

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SMART project addresses the questions of automated decision taking with respect to the "smart surveillance" technologies in a society where privacy and data protection are fundamental rights. The risks and opportunities inherent to the use of smart surveillance will be evaluated and a number of technical, procedural and legal options for safeguards will be developed. SMART aims to create a toolkit which would inform system designers, policy makers and legislative bodies across Europe and beyond.

SMART Objective

Determine the state of the art and likely future trends of smart surveillance, its proportionality and impact on privacy in four key application area.

Identify dependency and vulnerability of smart surveillance on underlying technology infrastructures (especially telecommunications networks) and explore system integrity and privacy issues therein.

Identify and explore smart surveillance and privacy issues in cyberspace.

Map out characteristics of laws governing surveillance and identify lacunae/new safeguards as well as best practices.

Map out characteristics of laws governing interoperability and data exchange and identify lacunae/new safeguards as well as best practices.

Explore the attitudes and beliefs of citizens towards smart surveillance.

Establish best-practice criteria developed on the basis of operational efficiency, established legal principles and citizen perceptions.

Develop a toolkit for policy-makers, police and security forces to implement and promote the best practice approach, including the development of system design guidelines and a model law balancing privacy and security concerns which would be capable of pan-European application.

Why is it unique?

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Surveillance as a legal and ethical issue in a growing debate over efficacy and privacy

It is often difficult to bridge the gulf between the evidence on the (in)effectiveness of surveillance and the apparently increased resolve of politicians and security operators to invest in more expensive technology- enabled surveillance systems. This difference between evidence and implementation of technology can be seen both within and outside the EU. Many patterns and trends in the deployment of smart surveillance technologies seem to be universal. For example, on 4 October 2009, the Mayor of New York and his Police Chief led a press conference3 announcing the extension of the Lower Manhattan Security Initiative (LMSI) to the Middle Manhattan Area, declared to be funded by 24 million dollars from federal Homeland Security grants, and building upon a system declared to be modelled on London’s "ring of steel". Meanwhile, senior police officers in London, in 2008, declared that "the system was an ‘utter fiasco’ - with only 3% of London's street robberies being solved using security cameras."5 Indeed, opponents of surveillance and smart surveillance point to a fairly solid body of evidence that CCTV surveillance does little or nothing to deter crime and was only of disproportionately limited use in solving crime post factum.

 

In August 2009, London Detective Chief Inspector (DCI) Neville, the head of the Metropolitan Police’s Visual Images, Identifications and Detections Office (Viido), admitted "just 1,000 crimes were solved in 2008 using CCTV images, as officers fail to make the most of potentially vital evidence". With more than a million CCTV cameras in London and £500 million spent on crime-fighting equipment this works out at less than one crime solved per 1,000 cameras per year.

DCI Neville’s public statements illustrate one of the quandaries that the SMART project sets out to tackle, namely the efficiency of using smart surveillance to improve the levels of deterrence and detection provided by the technologies while at the same time minimizing the risk to privacy that more efficient design and use of technologies may bring.

Recent trends in progression from stand-alone CCTV to Smart Surveillance

Close scrutiny of the latest developments around Europe, Australia, China and the United States show a growing interest in investing in city or indeed nation-wide, all-pervasive surveillance systems many of which would fall into the category of smart surveillance. A recent example is the Australia Communications and Media Authority consultation document of a smart surveillance system called "Intelligent Transport System." New York and Chicago are following the lead of London, Liverpool, Manchester and other major UK cities with an increase in the quantity of technology devices and a level of integration which can only be described as being a matter of orders of magnitude. The latest figures strongly suggest that surveillance is no longer a matter of limited CCTV operating in isolation. Instead, New York’s 250 crime-fighting cameras have, in the space of two years, increased to 3,000 and the public sector is now increasingly able to access private sector CCTV installations. More importantly they are designed to operate together as part of a massively integrated system. Manhattan’s LMSI "consists primarily of closed circuit television (CCTV) cameras, license plate readers, and chemical, biological, and radiological sensors" which, it is being suggested, like other new city-wide systems9 will all be integrated in many ways and linked to multiple databases enabling the same controllers in a police control room to react to particular situations.

Who does this concern?

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SMART Target groups

Policy makers

Research and academia

Intelligence, police and security forces

Citizens

Mass media

Impact

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1. Criteria for fairness covering efficiency, proportionality, privacy and data protection

The SMART project will develop formal criteria for the privacy friendly use of smart surveillance thus producing "fairness criteria". The development of those criteria will take into account technology potential, proportionality issues and privacy risks as well as existing criteria and best/good practices developed in other surveillance contexts.

2. From Best practice to System Design /Operating guidelines + Model Law containing safeguards

The SMART project will develop a toolkit for policy-makers, system designers, legislators and police/security forces to implement and promote a best practice approach based on the fairness criteria established during the previous phase of the project.

The SMART project will establish the dynamic interrelationship between the different sources of regulation and develop measures appropriate to minimise the risks to privacy and data protection. While the final distribution of measures that will form part of the toolkit will depend on the findings and analyses of the earlier research, possible elements which will be considered include:

Technical features and operational procedures which would be integrated into System Design and Operating Guidelines.

Regulatory, self-regulatory and co-regulatory measures including a Model Law aimed at achieving compliance for smart surveillance with Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

Development of industry standards

Educational measures

An explanatory text to explain the choices made and the implications of different recommended paths of action will also form part of the toolkit.

Latest news

The latest news from the SMART Team

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Surveilling Surveillance

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The SMART Project, receiving funding from European Union's Seventh Framework Programme announces its First Policy Workshop titled Surveilling Surveillance.

The workshop will take place on 25 and 26 September 2012 in Florence, Italy and will hosted by ITTIG – Institute of Legal Information Theory and Techniques of the National Research Council of Italy (CNR) with the support of IRPPS – Institute for Research on Population and Social Policies of CNR.

SMART project Members together with academics, stakeholders and policy makers will sit around the same table exchanging and debating on their different views relating smart surveillance systems.

You are welsome to join us to discuss on the present status of smart surveillance systems, on risks and opportunities inherent to the use of these technologies from a multidisciplinary approach.

For more information, please see the Event website http://www.ittig.cnr.it/smart2012/

The Call for Papers may be downloaded here.

 

Project coordinator

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Project co-ordinator:

Department of Information Policy and Governance, University of Malta

University of Malta

University of Malta

 

The Department of Information Policy and Governance (DIPG) builds on a tradition pioneered at the University of Malta by the Law & IT Research Unit (LITRU) established in 1988 and which originally focussed on legal implications and applications of information technology. This quickly evolved into a multi-disciplinary approach which by the mid-1990s was investigating a spectrum of issues ranging from an integrated Information policy for society to cognitive science aspects of law.  LITRU was involved in the post-1989 data protection-related training of police forces across Eastern Europe (especially Bulgaria and Czech Republic)as well as design of computer systems for the Malta police and, significantly, for the first (1993) review of the Council of Europe’s Recommendation R(87)15 on the use of personal data for police purposes. In 1994 it was commissioned to contribute to the drafting of an Information Practices Act by the Ministry of Home Affairs in Malta.  Today the scope of LITRU’s activities has grown such that it is being developed further by two departments working in close collaboration:  the Department for Media, Communication & Technology Law within the Faculty of Laws and the Department for Information Policy & Governance within the Faculty of Media & Knowledge Sciences (MaKS).

During the past twenty years LITRU, IPG and other CCT/MaKS personnel were involved in a number of major international research projects dealing with the societal impact of new technologies. Most recently, these included FP7 European projects in the area of Security (SMART- Scalable Measures for Automated Recognition Technologies), socio-economic science (CONSENT - Consumer sentiment regarding privacy on user generated content (UGC) services in the digital economy) and Science and Society (SET-DEV Technology-driven rules in emerging economies).

 

Co-ordinating Person:

Professor Joseph Cannataci (for profile see here)

CannataciJoseph

Prof. Joseph A. Cannataci LL.D.  Spes. Rettsinformatikk (Oslo) CITP FBCS

Office: Humanities A (Laws, Theology, Criminology) - Room 210

Contact

 

Joe Cannataci studied law at the University of Malta and the University of Oslo. He later qualified in the UK as a Chartered Information Technology Professional and also holds Chartered Fellowship of the British Computer Society. He received a Doctor of Laws degree (LLD) from the University of Malta in 1986 with a thesis on privacy and data protection law published by the Norwegian University Press in 1987. Joe was T54 Project Director at the Norwegian Research Center for Computers and Law during 1986-1987 before he joined the Department of Public Law at the Faculty of Law of the University of Malta, where in 1988 he established the Law & IT Research Unit (LITRU). In 2006 he was appointed (full) Professor of Law at the University of Central Lancashire (UCLAN) in the United Kingdom. Between 2006 and 2007 he was Head of Lancashire Law School and from 2007-to 2011 he was Director of the Centre for Law, Information & Converging Technologies at UCLAN. In 2011 he was appointed Head of the Department of Information Policy & Governance http://www.um.edu.mt/maks/ipg at the Faculty of Media & Knowledge Sciences of the University of Malta and also Chair of European Information Policy & Technology Law http://www.rug.nl/staff/j.a.cannataci/index within the Faculty of Law at the University of Groningen. He is addiitonally Adjunct Professor at the Security Research Centre, School of Computer and Security Science at Edith Cowan University Australia www.secau.org

Joe founded and today co-ordinates the LexConverge network which groups IT Law research institutes and law firms from over 30 countries including Australia, Egypt, Kenya, USA as well as all of the EU’s member states.  He is presently managing over  8 million Euros worth of externally funded projects in which he is currently co-ordinating the research work of over 100 researchers organised within 33 teams across 29 institutions in 25 countries carrying out projects across Europe, Kenya, India, Australia and the Americas. During 2011-2014 he is also expected to continue in the role of Expert Consultant engaged by the Council of Europe’s Consultative Committee (T-PD) and Directorate for Legal Affairs & Human Rights to review provisions of the European Data Protection Convention and especially Recommendation R(87)15 on police use of personal data.

Lexconverge_web

He has written books and articles on Data Protection Law, Liability for Expert Systems, Legal aspects of medical informatics, copyright in computer software and co-authored various papers and textbook chapters on self-regulation and the Internet, the EU Constitution and data protection, on-line dispute resolution, Data retention and Police data.

In 1993 Joe was Rapporteur on the use of personal data for Police Purposes to the Project Group on Data Protection of the Council of Europe a role he reprised in 2010 when he was engaged by the Council of Europe as External Consultant to advise on the future of data protection in this sector. He was Chairman of several Committees of Experts of the Council of Europe:  MedialLex (1994),  the Working Party on Data Protection in Insurance (1994-1997), Working Party on Data Protection in New technologies (1995-2000), the Committee of Experts on Data Protection (1996-98) and Vice-Chairman of the Group of Specialists on the impact of New Communications Technologies on Fundamental Rights & Democratic Values (1999-2001).

While he has been in academic life without a break since 1986, he has also maintained first a full-time and then,(since 1993)  a part-time presence as an IT lawyer  involved in international practice in the B2B legal aspects of new technologies including drafting and negotiating  IT Project contracts, Hardware & Software sales & licensing contracts and various IP-related issues including source code agreements. He is currently a UDRP Panelist of the Czech Arbitration Court where, utilizing On-line dispute resolution (ODR) methodologies, he was amongst the first "on-line judges" to deliver decisions in disputes on .eu Top Level Domain names.

His experience in the business sector and academic management has not been confined to law. Between 1992 and 1996 he was consultant to and subsequently Chairman of the IT Steering Committee for Malta’s largest bank (today HSBC). During 1998-1999, he led a team from the Centre for Communication Technology of the University of Malta in a national project on "Redefining the role of public broadcasting in Malta" commissioned by the Minister of Education, Media & Culture. Between 2000 and 2002, he was the Project Director entrusted with kick-starting the 5-campus Malta College of Arts, Science and Technology, which is now responsible for FE provision to some 5,000 students. Between 2001 and 2002 he was a member of the IT Steering Committee responsible for the successful implementation of inter alia ORACLE Financials within the national carrier Air Malta. During 2002-2005 he was Project Director for the multi-million Euro IKONOS project where he designed and implemented a Satellite-enabled Wide Area Network for distance learning in cultural heritage across Algeria, Jordan, Greece, Malta, Morocco, and the Netherlands.

Joe is as passionate about history, education and cultural heritage as he is about law and information sciences. A Committee Member and later Treasurer of the Malta Historical Society (1978-1985), he was appointed by the Council of the University of Malta as (founding) Chairman of the Malta  Centre for Restoration for two terms between 1999 and 2005 where he established the Institute for Conservation and Restoration Studies. His publications during this period include papers on the Philosophy of Conservation Education, Thealasermetry and the use of hybrid technologies to survey heritage sites and e-heritage.  He was a Trustee of the Foundation for Cultural Heritage Memory established by Maltacom to use technological means to preserve and facilitate access to parts of our heritage such a music, images and oral tradition. He maintains his sanity and a sense of humour by forming part of cultural heritage conservation teams together with colleagues from Czech Republic, Italy, Romania and the UK engaged in field-work research around the world.

 

Current Research and Supervision

Joe’s current research interests include:

Integrated Information policy development

Technology Law

Inter-disciplinary approaches to information ethics including

Data Protection Law, Security and Surveillance

Digital Forensics

Consensual issues in on-line social networking

Cyber-security including Cyber-crime and Cyber-terrorism

Internet Governance

Digital Divide issues

Holistic approaches to law, economics, cultural heritage and IT

Cross-cultural issues in personality law, especially privacy

 

He will be happy to supervise postgraduate research in these areas.

 

Teaching

Joe has developed courses and taught at under-graduate and post-graduate level in Malta and the UK. He has been a guest lecturer in more than 20 countries around Europe, Africa, Asia and the Middle East. His areas of teaching have included Data Protection Law, Freedom of Information Law, Intellectual Property Rights in Computer Software, Cyber-crime, Computer Contracts, Cultural Heritage Law, He has supervised research and/or acted as an examiner for LLM, LLD and PhD theses in Malta, the Netherlands and Norway as well as the UK.

 

External Affiliations

Joe is a member of the Executive of the British & Irish Law, Education & Technology Association (BILETA), 2008 - the Advisory Board of the Research Unit for the Study of Society, Law &  Religion, University of Adelaide, Australia the International Advisory Board of the International Review of Law, Computers & Technology, the Editorial Board of the European Journal for Law & Technology,  the Editorial Board of the Masaryk University Journal of Law and Technology and  the Comitato Scientifico della "Rivista di Diritto, Economia e Gestione delle Nuove Tecnologie", In 2002 he was appointed and in 2005 decorated by the Republic of France and elevated to Officier dans l’ordre des palmes académiques.

 

Selected Publications

J.A. Cannataci (2012) (forthcoming) 'Information & Technology Law in Romania', ... ,  295pp

J.A. Cannataci (2012) (forthcoming) 'The right that never [quite] was: Privacy Law, technology and information ethics across cultures', 485 pp.

J.A. Cannataci (forthcoming 2011) Recent developments in Privacy and Health Care: Different paths for RFID in Europe and North America? In International Journal for RF Technologies: Research and Applications (2011)

J. A. Cannataci (forthcoming 2011) " Converging technologies and surveillance trends in 2010: the impact on privacy"  Masaryk University Journal of Law & Technology (2011)

J.A. Cannataci & J. P. Mifsud Bonnici, (2010) The end of the purpose-specification principle in data protection? International Review of Law, Computers and Technology, Routledge, UK ISSN: 1364-6885 (electronic) 1360-0869 (paper) Vol. 24, No.1, March 2010  pp 1-17, DOI: 10.1080/13600861003637693

J.A. Cannataci (2010)  From E-Heritage to E-Law: some Technology-enabled layers in conservation in Acta Artis Academica2010, Proceedings of the 3rd Interdisciplinary Conference of ALMA, Akademie vytvarnych umeni v Praze Prague ISBN 978-80-87108-14-7

J.A. Cannataci (2010)  From the NSA to the IMP: Deserving and Dodging Legal Safeguards  (ISA 2010) available at http://www.allacademic.com/meta/p_mla_apa_research_citation/4/1/5/7/3/p415739_index.html

J. A. Cannataci (2010) Squaring the circle of smart surveillance and privacy,  Fourth International Conference on Digital Society,  ISBN 978-0-7695-3953-9/10 DOI 10.1109/ICDS.2010.55, 323-328

J. A. Cannataci, Privacy, Technology Law and religions across cultures (2009) Journal of Information Law & Technology, 2009 Issue 1

J.A. Cannataci, Privacy pitfalls for E-government: recent developments in the UK, (2009) chapter in Marleen Haase, Christine Leitner, Josef Makolm, Romand Traumuller (eds)  Taking the e-Government Agenda Forward: Meeting the Challenges of Digital Governance, Justice and Public Sector Information, Austrian Computer Society, April 2009, ISBN: 978-3-85403-253-3

J.A. Cannataci & J.P. Mifsud Bonnici (2009) 'The UK Data Protection Fiasco 2007-2008: Moving on from bad policy and bad law?' International Review of Law, Computers and Technology, March-July 2009, Routledge, Taylor & Francis, UK ISSN: 1364-6885 (electronic) 1360-0869 (paper) Vol 23 Nos.1-2, pp47-76 DOI: 10.1080/13600860902876378

J. A. Cannataci 'Lex Personalitatis : personalitate, drept şi tehnologie în secolul 21' (2008) ( Lex Personalitatis: personality, law and technology in the 21st Century") published in Romanian and English in Acta, Proceedings of the International Conference on Facts and Perspectives of the European Integration Process in the Age  of Globalisation, The Simion Barnutiu Faculty of Law of the Lucian Blaga University, Sibiu, Romania.

J. A. Cannataci, Privacy, 'Technology Law and Religions Across Cultures' (2008) Proceedings of Living in truth Conference, UNESCO-CEPES, Babes-Bolyai University, Cluj University Press, Romania  ISBN 978-973-610-801-3, pp.333-356

J A Cannataci, 'Lex Personalitatis and Technology-driven Law' (2008), SCRIPTed Volume 5, Issue 1, April 2008, pp 1-6.

J. A. Cannataci & Mireille M. Caruana, Across Cultural Divides, (2007) 'Introduction', Information & Communications Technology, Law, Vol 16:2, 91 – 98., Routledge, Taylor & Francis, UK. DOI: 10.1080/13600830701531938;ISSN 1360-0834 print/ISSN 1469-8404 online

Mireille M. Caruana & J.A. Cannataci,  (2007) 'European Union privacy and data protection principles: Compatibility with culture and legal frameworks in Islamic states', Information & Communications Technology Law, Vol 16:2, 99 – 124 Routledge, Taylor & Francis, UK DOI: 10.1080/13600830701531953; ISSN 1360-0834 print/ISSN 1469-8404 online

J.A. Cannataci & J.P. Mifsud Bonnici Weaving the mesh: Finding remedies in Cyberspace in  Internet Governance, International Review of Law, Computers and Technology March 2007, ISSN: 1364-6885 (electronic) 1360-0869 (paper) Vol 21 pp 59-78 DOI: 10.1080/13600860701281705

Joseph A. Cannataci, Mireille M. Caruana and Jeanne Pia Mifsud Bonnici,  (2006) ‘R (87) 15: A slow death?’ in "Monitoring and Supervision" Erasmus University Press, Rotterdam., pp. 27-49, ISBN 905677316X

J.A. Cannataci & J.P. Mifsud Bonnici , Settling jurisdiction & other issues in Cybercrime: a role for ODR?, in Proceedings of the 4th Annual Forum for Online Dispute Resolution, United Nations Economic Commission for Europe, Cairo, Egypt 22-24 March 2006

J. A. Cannataci & J. P. Mifsud Bonnici, (2005) Can Self-regulation Satisfy the Transnational Requisite of successful Internet Regulation, in Legal Issues in Electronic Commerce, 2nd edition, Canadian Legal Studies Series, Lynn Cambell (ed), Captus Press, Canada ISBN 1-55322-106-0

J.A. Cannataci & J.P. Mifsud Bonnici. (2005). Data Protection Comes of Age : The Data Protection Clauses in the European Constitutional Treaty, Information and Communications Technology Law,  Vol. 14, No.1 pp.5-15. ISSN 1360-0834 print/ISSN 1469-8404 online

J.A. Cannataci, R. Rivenc, C.E. Borg, N. Zammit, G.Guidi & J-A Beraldin, (2003) E-Heritage: The future for Integrated Applications in Cultural Heritage", published on pages 81-86 in Volume XXXIV-5/C15 of the ISPRS International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences ISSN 1682-1750 as well as the CIPA International Archives for Documentation of Cultural Heritage Volume XIX-2003 ISSN 0256-1840

J.A. Cannataci and J.P. Mifsud Bonnici. (2003). Can Self-Regulation satisfy the transnational requisite of successful Internet regulation? International Review of Law, Computers and Technology, Volume 17, No.1, pp 51-61.

C. E. Borg and J.A. Cannataci, (2002) Thealasermetry: a hybrid approach to documentation of sites and artefacts (CIPA/ISPRS, September 2002) pp93-104

J.A. Cannataci, M. Caruana, & J. Schiro’ (2002) A dilemma resolved? Towards a revised philosophy of conservation education  in Proceedings of the Conference on Scientific aspects of Conservation, Jordan, Hashemite University

J.A. Cannataci and J.P. Mifsud Bonnici. (2002). Can Self-Regulation satisfy the transnational requisite of successful Internet regulation? Proceedings of 17th BILETA Conference, 2002 Publications preceding the RAE period 2001-2008

J.A. Cannataci. (1998). Debate: should the fight against the sexual exploitation of children include government control of encryption? In Europa 40+, Council of Europe, France.

J.A. Cannataci and. J.P. Mifsud Bonnici. (1995). Medical data protection in Europe: New rules vs. actual trends.  In Strategic Alliances between patient documentation and medical informatics, pp301-321. Amsterdam: AMICE Conference.

J.A. Cannataci. (1992). Language and Law: Law & Expert Systems. In Skills and Education Artificial Intelligence and Society series, Springer Verlag, London.

J.A. Cannataci. (1992). Legal Aspects of Picture Archiving and Communications Systems. International Journal of Bio-Medical Computing, 30 (3-4). pp 209-214

J.A. Cannataci. (1991). Data Protection issues in DBMS AND Experts Systems. Proceedings of the AIM Conference on Data Protection and Confidentially in Medical Informatics, EC Brussels & IOS Press Amsterdam/Washington.

J.A. Cannataci. (1989). Liability for Medical Expert Systems: An introduction to the legal implications. Medical Informatics, Jul-Sep;14(3), pp 229-241.

J.A. Cannataci. (1989). Legal Liability for Expert Systems. AI & Society, Vol.3, No.3, 169-183

J.A. Cannataci. (1988).  MALTA: The outlook for Computerization in the Administration of Justice. Crime Prevention and Criminal Justice Newsletter, Nos 14/15, United Nations, Vienna.

J.A. Cannataci. (1988). CJ-PD – The Hidden Heart of Data Protection. Lov Og Data, Lawdata Foundation, Norway.

J.A. Cannataci (1984). Proprietary Rights in Computer Programs – Copyright Law and Malta. Id-Dritt - Law Journal, The Law Society, Vol.XII, Malta.

J.A. Cannataci. (1983). Computer Applications and the Maltese Legal Professions. Id-Dritt - Law Journal, The Law Society, Vol.X, Malta. Books/Monographs pre-RAE

J.A. Cannataci, S. Chircop and J.P. Mifsud Bonnici. (1999). Redefining the Role of Public Broadcasting in Malta. Malta, Government Press.

J.A. Cannataci. (1988). Liability and Responsibility for Expert Systems. Oslo, Norway: Norwegian Research Center for Computers and Law ISBN 82-518-2523-7

J.A. Cannataci. (1987). Privacy and Data Protection Law: International Development and Maltese Perspectives. Oslo, Norway: Norwegian University Press. 239 pp ISBN 82-00-07850-7

Editor & Guest Editor

Guest Editor (with Jeanne Mifsud Bonnici) for a Special Issue on "Privacy & Technology in Kenya and India" of the International Review of Law, Computers & Technology,  (Routledge) Taylor & Francis, UK ISSN: 1364-6885 (electronic) 1360-0869 (paper)(forthcoming 2011)

Guest Editor (with Jeanne Mifsud Bonnici) for a Special Issue on "Internet Governance" of the International Review of Law, Computers & Technology,  (Routledge) Taylor & Francis, UK ISSN: 1364-6885 (electronic) 1360-0869 (paper) Online Publication Date: 01 March 2007 Cannataci, Joseph A. and Mifsud-Bonnici, Jeanne Pia (2007) 'Foreword: Internet Governance', International Review of Law, Computers & Technology, 21:1, 1 – 3 To link to this article: DOI: 10.1080/13600860701281622

Guest Editor (with Mireille Caruana) of a Special Issue on "Across Cultural Divides: Data Protection & Islam" of Information & Communications Technology Law (Routledge, Taylor & Francis) ISSN 1360-0834 print/ISSN 1469-8404 online  Online Publication Date: 01 June 2007 DOI: 10.1080/13600830701531938; ISSN 1360-0834 print/ISSN 1469-8404 online.

 

 

Last Updated: 19 July 2011

 

Partners

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Partner name

Country

University of Central Lancashire, School of

Forensic and Investigative Sciences

UK

University of Malta

Malta

University of Ljubljana

Slovenia

Laboratorio di Scienze della Cittadinanza

Italy

Babes-Bolyai University of Cluj Napoca

Romania

Universitetet i Oslo

Norway

Universidad de Leon

Spain

Law and Internet Foundation

Bulgaria

Masarykova univerzita

Czech Republic

Edith Cowan University

Australia

Georg-August-Universität Göttingen Stiftung Öffentlichen Rechts

Germany

Sheffield University

UK

Gottfried Wilhelm Leibniz Universität Hannover

Germany

CNR National Research Council

Italy

Univerzita Komenskeho v Bratislave

Slovakia

Rijksuniversiteit Groningen

Netherlands

University of Vienna

Austria

Morpho

France

INTERPOL

France

Consiglio Nazionale delle Ricerche

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Sveva Avveduto

Sveva Avveduto

Sveva Avveduto is the Director of the Institute for Research on Population and Social Policies of the Italian National research Council. Her main research interests concern science and education policy and are focused on studies on higher education and research and particularly on human resources for science and technology, and on mobility issues of scientists, egineers and high skilled personnel. A further field of studies concerns diffusion of knowledge, new media and public understanding of science topics. She is the Head of Research Unit on Human Resources and Knowledge Society. She is vice-chair of the OECD Group on Research Institutions and Human Resources and Italian delegate to the Organization for Economic Cooperation and development, (OECD), Paris, for the activities stemming from the Committee for Scientific and Technological Policy. She chaired from 2004 to 2008 the OECD Group on Steering and Funding of Research Institutions. She has been national expert in many OECD activities concerning postgraduate training, higher education, women in science, employment and mobility and national coordinator of the Group on Human Resources for Science and Technology preparing the Canberra Manual for measurement and indicators of HRST for OECD. She is advisor (from 2009 onwards) to the Ministry of Education and Research as a member of the 'Commission on International Activities and Internationalization of Italian Research'. She has been working on several European projects and networks funded by the European Commission as chief scientist at Italian level. She is Professor at the Graduate School 'Socialtrends' of the University of Rome 'La Sapienza' and at the Master on Science, technology and Innovation at the Scuola Superiore della Pubblica Amministrazione in Rome and Bologna. She was a lecturer at Universita degli Studi di Cassino on Organization and Education for Research for three years. She has been professor at Jean Monent Courses of the European Commission at Universtity of Catania.

AVVEDUTO, S., Mobility of PhD Students ad Scientists, in: Penelope Peterson, Eva Baker, Barry McGaw (editors). International Encyclopedia of Education, Vol 4, Oxford: Elsevier 2010,2 pp.286-293

AVVEDUTO, S, Cerbara, L., VALENTE, A., La cultura dell’innovazione in Italia: I risultati dell’indagine, (Innovation Culture in Italy: the Results of our Survey) in Cotec Wired, La cultura dell’innovazione in Italia, Rapporto 2010,  Condè-Nast, Milano 2010 pp. 37-87

AVVEDUTO, S, BRANDI, M. C., BUSSOLA, M., Monitoring progress towards the ERA: Country Report Italy, (Framework Service Contract Nr -150176-2005-F1SC-BE), Erawatch Network, European Commission Brussels, febbraio 2009

AVVEDUTO, S, BRANDI, M. C., BUSSOLA, M., Training, Career and Gender: a Survey on Italian Researchers in the Life Sciences Sector, ESTIA-Earth, ESTIA-Net, Proceedings of the International Conference, Vilnius May 2009

AVVEDUTO, S, Women in science: what about Italy? Chapter 20 in OECD Women in Scientific Careers: Unleashing the Potential Paris, Oecd Publishing, 2006

Maria Angela Biasiotti

Maria Angela BiasottiShe has a degree in Law (1999) and holds a Ph.d in Information Technologies and Law (2008) at the Faculty of Law, Bologna University. In 2001 she started her activity at the Institute of Legal Information Theory and Techniques (ITTIG-CNR) where she is a researcher. She collaborated in several projects at European and national level such as Caselex (Case Law Exchange) and CARE – Citizens Consular Assistance in Europe.

She combines a robust practical experience in the area of law (she has practised as a lawyer in public law, administrative law and EC law for an Italian leading law firm) with a broad knowledge in the field of ICT and law. Her main research areas involve: legal informatics, computer law, legal information modelling and accessing, and legal information documentation management and dissemination. She is the author of many scientific works and contributions presented at international conferences.

 

Sartor, G.; Palmirani, M.; Francesconi, E.; Biasiotti, M.A. (Eds.), Legislative XML for the Semantic Web, Principles, Models, Standards for Document Management, Series: Law, Governance and Technology Series, Vol. 4,Berlin, Springer, 2011, XI, 190 p.

Giovanni Sartor, Pompeu Casanovas, M.Angela Biasiotti, Meritxell Fernández-Barrera (Eds), Approaches to Legal Ontologies. Theories, Domains, Methodologies, Berlin, Springer, 2011, XIII+279 pp

M.Angela Biasiotti, Sebastiano Faro, Caselex - Case Law Exchange: An Unprecedent Service for the Dissemination of National Case Law Applying EU Law

in: P. Cunningham and M. Cunningham (eds), "Expanding the Knowledge Economy: Issues, Applications, Case Studies", Amsterdam, IOS Press, 2007

M.Angela Biasiotti, Daniela Tiscornia, Legal Ontologies: The Linguistic Perspective, in: G. Sartor, P. Casanovas, M.A. Biasiotti, M. Fernández-Brrera (eds.), "Approaches to Legal Ontologies, Theories, Domains, Methodologies", 2011, pp. 143-166

M.Angela Biasiotti, Re-using case law across Europe: legal barriers to be faced, in Informatica e diritto, 2006, vol. XXXII, fasc. 2, pp.169-192.

 

Sebastiano Faro

Sebastian Faro

Sebastiano Faro is Primo ricercatore (Senior researcher) at the Institute of Legal Information Theory and Techniques of the National Research Council of Italy. He has a degree in Law (1992) and holds a Ph.d. in Administrative Law (1999). His main research areas involve: techniques and methods for legal documentation and for the creation of administrative and legal information systems; techniques and methods for the electronic analysis, production and evaluation of legal acts; formal models for the organization of legal knowledge and ICT and law.

For ten years he was professor under contract of European Public Law and Legal Informatics at the University of Florence (Master in European Studies) and the Unuiversity of Lecce. He worked in several national and international projects as the NiR (Norme in Rete – Legislation on the Net) portal and Caselex (Case Law Exchange), a project funded by the EU Commission under the eTEN programme. He also worked in a research project promoted by the OPOCE on the interoperability between the Eurovoc thesaurus and other thesauri of interest. He was the coordinator of the CARE (Citizens Consular Assistance Regulation in Europe) project funded by the EU Commission under the Fundamental rights and citizenship programme.

He coordinates the ITTIG’s department on Computer law.

Recently he has published academic articles and delivered conference contributions on the processing of personal data, consumer protection, eDemocracy, and digitalisation of document processing in the Italian administrative justice system.

 

Lucio Pisacane

Pisacane

Lucio Pisacane, sociologist, is researcher at Institute of Research on Population and Social Policy of the Italian National Council for Research. His main research interests are measuring inequality in the Italian context and social/health impacts of environmental degradation in Global South. He has been working with AMREF, African Medical Research Foundation, and Legambiente (the main Italian environmental Ngo) in field research in Africa since 2002.

He is the author, with Mattew Ngunga of AMREF, of "Breaking the Cycle" report presented at the UN Johannesburg Summit on Sustainable Development. In Italy, he is co editor of "Climate and Poverty, new ways to understanding globalization", Le Balze, Florence, 2004. From 2009 he worked for the European Project SET-DEV, Scientific and Technological Responsibility in Developing and Emerging Countries (Kenya and in India) and for the European indicators and ranking methodology for university third mission (E3M).

 

Luciana Libutti

Luciana LibuttiLuciana Libutti holds a PhD in information science from the University of Rome La Sapienza. She is senior researcher at the Institute for Research on Population and Social Policies (IRPPS) of the Italian National Research Council. She works in the Research Unit Human Resources and Knowledge Society. Her research activities focus on information science, with competencies on the analysis of information flows in different contexts. A further area of studies concerns new media and public understanding of science, in particular the impact of ICTs on  public communication of science and the role of information professional in science communication.

She carried out postgraduate teaching in the area of information science. She has also been involved in other European projects.

 

 

 

 

 

Daniela Luzi

D. L.

Daniela Luzi is researcher of the Italian National Research Council at the Institute of Research on Populations and Social Policies. Her research interests have privileged the analysis of the impact of ICTs on information management and communication processes. Within this context, research topics such as information flow, Open archives, network communication, as well as semantic and structural analysis of clinical documents, exchanged in a collaborative environment have been dealt with in scientific papers and publications. She has been responsible in research projects where information systems have been developed.

 

Workplan and methodology

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In order to achieve its objectives, SMART has been divided into 11 research and development work packages. The work packages are carried out in the context of four distinct project streams which build on and inform each other:

ï‚· Status Quo Analysis,

ï‚· Citizen Attitudes,

ï‚· Technology Infrastructure and

ï‚· Best Practice.

These work packages are complemented by three others designed to ensure that the SMART project is fully compliant with the highest standards of project management in international collaborative research which groups nearly forty researchers from twenty institutions in fifteen countries. Thus work package 1 deals with project management and co-ordination across the entire SMART project while work package 13 provides an in-built evaluation function. Work package 14 serves to focus effort on dissemination of the project results across the widest possible range of audiences.

Status Quo Analysis

The status quo analysis will also map out characteristics of laws governing surveillance and not deal solely with applications of smart surveillance on a sector-by-sector basis or the technological infrastructure. By combining an analysis of how, why and when smart surveillance may be used in multiple application sectors, with a risk analysis for telecoms infrastructure and cyberspace and a structured understanding of the legal framework, the status quo analysis will provide the prerequisite knowledge to enable the SMART team to move on to examine citizen attitudes before venturing to come up with design solutions and new legal safeguards.

Citizens Attitudes

SMART will use qualitative research methodologies to carry out a study aimed at establishing the attitudes of citizens to smart surveillance and privacy. Focus group discussions will be carried out amongst citizens in the participating member states. Each group will consist of between 8 to 10 participants. A minimum of two Group Discussions will be carried out in each participating country. The SMART Research team will also benefit from any pertinent findings obtained in the course of quantitative and qualitative research on consumer attitudes to privacy resulting from the CONSENT project (SSH 2009 – Grant Agreement 244643).

Criteria for Fairness

The SMART project will develop formal criteria for the privacy friendly use of smart surveillance thus producing "fairness criteria". The development of those criteria will take into account technology potential, proportionality issues and privacy risks as well as existing criteria and best/good practices developed in other surveillance contexts.

Best Practice

Based on previous research, the formulation of Criteria for Fairness in particular, the SMART project will develop a toolkit for policy makers and other stakeholders.

1. Criteria for fairness covering efficiency, proportionality, privacy and data protection

The SMART project will develop formal criteria for the privacy friendly use of smart surveillance thus producing "fairness criteria". The development of those criteria will take into account technology potential, proportionality issues and privacy risks as well as existing criteria and best/good practices developed in other surveillance contexts.

2. From Best practice to System Design /Operating guidelines + Model Law containing safeguards

The SMART project will develop a toolkit for policy-makers, system designers, legislators and police/security forces to implement and promote a best practice approach based on the fairness criteria established during the previous phase of the project.

The SMART project will establish the dynamic interrelationship between the different sources of regulation and develop measures appropriate to minimise the risks to privacy and data protection. While the final distribution of measures that will form part of the toolkit will depend on the findings and analyses of the earlier research, possible elements which will be considered include:

Technical features and operational procedures which would be integrated into System Design and Operating Guidelines.

Regulatory, self-regulatory and co-regulatory measures including a Model Law aimed at achieving compliance for smart surveillance with Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

Development of industry standards

Educational measures

An explanatory text to explain the choices made and the implications of different recommended paths of action will also form part of the toolkit.

Work packages

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Work package no.

Work package title

1

Coordination and project management

2

Smart Surveillance in Key Area of Application 1 - Border Control

3

Smart Surveillance in Key Area of Application 2 - Counter-terrorism, law and order (including crowd-control)

4

Smart Surveillance in Key Area of Application 3 - Consume sector multi-purpose mobile devices

5

Smart Surveillance in Key Area of Application 4 - E-Government

6

Review of laws and other regulations governing surveillance

7

Review of Laws governing interoperability and data exchange between police/security service

8

Underlying Technology Infrastructures

9

Smart surveillance in cyberspace

10

Qualitative measurement of attitudes of citizens towards smart surveillance and privacy

11

Sociology of Surveillance

12

Toolkit for policy makers and police/security forces

13

Evaluation

14

Dissemination and knowledge transfer

Deliverables

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Del. no.

Deliverable name

Coordination and project management

D.1.1

Project Plan

D.1.2

Dissemination and Communications Strategy

D.1.3

Six-monthly Progress Reports

D.1.4

Interim Report

D.1.5

Final Report

Smart Surveillance in Key Area of Application 1 – Border Control

D.2.1

Overview of smart surveillance technologies in border control applications

D.2.2

Proportionality issues report

D.2.3

Impact Assessment of smart surveillance in border control

Smart Surveillance in Key Area of Application 2 – Counter-terrorism, law and order (including crowd control)

D.3.1

Overview of smart surveillance technologies in counter-terrorism and law-enforcement applications

D.3.2

Proportionality issues report

D.3.3

Impact Assessment of smart surveillance in counter-terrorism and law-enforcement applications

Smart Surveillance in Key Area of Application 3 – Consumer sector multi-purpose mobile devices

D.4.1

Overview of smart surveillance technologies in consumer sector mobile devices

D.4.2

Proportionality issues report

D.4.3

Impact Assessment of smart surveillance in consumer sector mobile devices

Smart Surveillance in Key Area of Application 4 – E-Government

D.5.1

Overview of smart surveillance technologies in e-government

D.5.2

Proportionality issues report

D.5.3

Impact Assessment of smart surveillance in e-government

Review of laws and other regulations governing surveillance

D.6.1

Legal evaluation report

Review of Laws governing interoperability and data exchange between police/security services

D.7.1

Interoperability and data exchange report

D.7.2

Impact assessment

Underlying Technology Infrastructures

D.8.1

Overview of risk factors and counter-measures available in underlying technology infrastructures

Smart surveillance in cyberspace

D.9.1

Overview of smart surveillance technologies in cyberspace

D.9.2

Risk factors report

D.9.3

Compliance assessment of smart surveillance in cyberspace

Qualitative measurement of attitudes of citizens towards smart surveillance and privacy

D.10.1

Discussion guidelines

D.10.2

Individual country reports

D.10.3

Synthesised all countries report

Sociology of Surveillance

D.11.1

Analytical bibliography

D.11.2

Literature Review

D.11.3

Compare-and-contrast analysis report

D.11.4

Best practice criteria

Toolkit for policy makers and police/security forces

D.12.1

Data protection guidelines

D.12.2

Initial Toolkit design

D.12.3

Toolkit incorporating design guidelines and model law containing scalable measures

Evaluation

D.13.1

Evaluation plan and evaluation criteria

D.13.2

Interim evaluation reports

D.13.3

Summative evaluation report

Dissemination and knowledge transfer

D.14.1

Website

D.14.2

First policy workshop on Status quo analysis and publication of relative proceedings

D.14.3

Second policy workshop on consumer attitudes and criteria for fairness and publication of relative proceedings

D.14.4

Final Conference & publication of relative proceedings