International Journal of Technology Policy and Law
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International Journal of Technology Policy and Law (5 papers in press)
National ICT policy challenges for developing countries: A grounded theory informed literature review by Frank Makoza Abstract: This paper presents a review of the literature on the challenges of national Information and Communication Technology (ICT) policies in the context of African countries. National ICT polies have been aligned with socio-development agendas of African countries. However, the policies have not delivered the expected outcomes due to many challenges. Studies have been conducted in isolation to highlight the challenges in the policy process. The study used grounded theory informed literature review to holistically analyse the problems in the context of African countries. The results were categorised in the typology of the policy process to understand the challenges from a broad perspective. The problems were categorised into agenda setting, policy formulation, legal frameworks, implementation and evaluation. In addition, there were constraints related to policy monitoring in the policy phases and imbalance of power among the policy stakeholders. The review suggests areas of further research. Keywords: National ICT policy; Grounded Theory; Literature review; Africa.
Can artificial intelligence replace whistle-blowers in the business sector? by Dimitrios Kafteranis Abstract: The major technological developments have changed the traditional way of doing business. These developments have facilitated whistle-blowing. Access to data is easier and faster and communicating with the public can be done in seconds. Another development is the Artificial Intelligence (AI) which enters the business workplace in different forms challenging the traditional working relations. The combination of these concepts gives the idea of artificial whistle-blowing or robot whistle-blowing. The concept is that a machine should conceive and report relevant wrongdoing avoiding the traditional model of whistle-blowing where the employee is the person who should report. This concept, yet unexplored, presents interesting positive and negative aspects. The purpose of this contribution is to present the idea of artificial whistle-blowing and its advantages and disadvantages for the business sector. As a conclusion, this paper suggests that the concept of artificial whistle-blowing needs still to be researched and an optimal solution, for the time being, is to permit artificial whistle-blowing as a helping tool for the employees to detect wrongdoings but report them themselves. Keywords: artificial intelligence; business; whistle-blowers.
Auditing the Performing Rights Society - Investigating a new European Union Collective Management Organization member audit method by Graeme Gilfillan, Abraham Van Der Vyver Abstract: The European Union Rights Management Directive 2014/26/EU, provides regulatory oversight of European Union (EU) Collective Management Organizations (CMOs). However, the Directive has no provision indicating how members of EU CMOs may conduct non-financial audits of their CMO income and reporting.rnThis paper addresses the problem of a lack of an audit method through a case study of the 5 writer members of the music group Duran Duran, who have been members of the United Kingdoms CMO for performing rights the Performing Rights Society (PRS) for over 35 years. The paper argues a new audit CMO member method that can address the lacunae regarding the absence of CMO member right to audit a CMO and an applicable CMO audit method. Keywords: audit; chain of title; royalty supply chain; royalty audit; legal audit; CMO; PRS; Duran Duran; CISAC.
The right to access information under the GDPR by Maria Bottis Abstract: The present paper offers a critique of the General Data Protection Regulation in the realm of access to information. Even though the GDPR supports the constitutionally obvious position that the right to data protection does not outweigh other equally important rights, the enhanced protection of the right to the protection of personal data leads to the potential neglect of other constitutional rights, such as that of access to information. Data protection and access to information authorities should be established both on an EU, as well as at national level as a single authority. Scientific research must be facilitated through access to a multitude of information. The present article explores the question of data ownership and aims to propose a new system that will enhance access to information. A key tool of our research will be the comparative overview of existing legislative systems and a review of the different approaches in the case-law of independent authorities. Keywords: access; information; GDPR; data ownership; freedom of information.
GDPR: New ethical and constitutional aspects, along with new challenges to information law by Maria Bottis Abstract: The EU General Data Protection Regulation (GDPR) marked the most important step towards reforming data privacy regulation in recent years, as it has brought about significant changes in data process in various sectors, ranging from healthcare to banking and beyond. Nevertheless, disparagement has arisen concerning the principles it promotes, such as, for instance, the rights of data subjects and the obligations of data controllers and processors. Furthermore, the new role of the supervisory authorities or its effect on competing constitutional rights are also under question. For a year now that the GDPR has come into force, one may wonder to what extent these new data laws have affected our lives. Various concerns have been raised and, as a consequence of these, certain parts of the text of the GDPR itself have already started to become questionable due to rapid technological progress, including, for example, the use of information technology, automatization processes and advanced algorithms in individual decision-making activities. The road to GDPR compliance by all European Union members may prove to be a long one and it is clear that only time will tell how GDPR matters will evolve and unfold. In this paper, we aim to offer a review of the practical, ethical and constitutional aspects of the new Regulation and examine all the controversies that the new technology has given rise to in the course of the Regulation's application. Keywords: GDPR; ethical aspects; constitutional rights; technological progress; scientific research; access to information; democratic principle.