One reason I thought @bricksilk’s A Question of Trust surveillance report was so powerful was he was able to consult a very wide range of expertise. I wonder if there is a way to better institutionalise that in future intelligence oversight 🤔
Relatedly, I lost track of the final outcome of one previous failed attempt to do so — the Home Office blocking security clearance for expert @e3i5, found to be unlawful by the High Court. What Order was finally agreed between the two parties? bailii.org/ew/cases/EWHC/…
Meanwhile, the Court of Appeal tuts (very) loudly at expert witnesses who presume to advise it outside (very) narrow technical bounds (such as what “interception” means in #EncroChat-hacking scenarios) §68 [2021] EWCA Crim 128 bailii.org/ew/cases/EWCA/…
This is often a critique of data protection as a mechanism for #AI regulation. But especially when combined with human rights and specific anti-discrimination law, how much of a gap does that leave? 🤔 (Of course, *effective* enforcement is always and everywhere a big q)
Non-personal data, obvs, although given the #GDPR’s expansive definition that is a shrinking area, and harms relating to profiling individuals will always be in scope. Group discrimination would come under HR and equality law (if written effectively). Safety (eg cars) separate
*Within* #GDPR there are certainly specific issues which @lilianedwards@mikarv@RDBinns@jennifercobbe and others are writing about. How far they can be addressed without reopening the legislative text?
1. Whatever the wisdom of individual policy proposals in this new Blair/Hague-helmed report (and I am deeply sceptical on state-issued #DigitalID, having been deeply involved in the disastrous last two 🇬🇧 attempts)… institute.global/policy/new-nat…
2. its greatest failing to me is that it proposes redesigning the entire British state on the once-in-a-century scale of eg the 19th century civil service reforms which still largely prevail. In a slightly scattergun manner…
3. One example with which I’m deeply familiar (see my bio): “ Ensure that decision-makers and advisors are experts in the areas within which they are operating, as would be the case in a technology company.”