THE FUTURE OF DATA ETHICS AND REGULATION
The Oxford Dictionary defines regulate to mean “control by rule” and defines regulation to mean “the imposition by government of controls over the decisions of individuals or firms”. We have to ask ourselves, in relation to the regulation of data, what exactly we should regulate? Should we regulate the carriers that are responsible for the infrastructure over which data is disseminated, should we regulate the content providers who develop the data content that is disseminated, or should we regulate the data itself?
Over 20 years ago, a Ditchley conference in the UK on the regulation of cyber space concluded: “Regulations should be reflective rather than reactive. Regulations should control that which is bad and support that which is good. Regulations should be introduced on an international basis whilst acknowledging cultural and social individualities of nations and communities.”
Data knows no jurisdictional boundaries nor restrictions on international data transfers, and so it seems odd that in 2022 we are still debating regulations that seek to control transfers of personal data. We should have reached a point in time where the need to respect personal information, keep data secure and enable trust becomes not only a focus for regulators and an expectation for citizens, but also a compliance and ethical duty for governments and businesses.
Governments and other authorities have for thousands of years collected information on citizens in a variety of ways, and statistical information about people has been a valuable tool for managing economies and humanitarian needs. More recently, however, technological advances have meant that personal data can be collected, obtained, analysed, used, transferred and shared in myriad ways – some good and some bad.
Jan-Mar 2023 Issue
SCCE & HCCA