Diversity, Fairness, and Data-Driven Personalization in (News) Recommender System external link

Bernstein, A., Vreese, C.H. de, Helberger, N., Schulz, W. & Zweig, K.A.
Dagstuhl Reports, vol. 9, num: 11, pp: 117-124, 2020

Abstract

As people increasingly rely on online media and recommender systems to consume information, engage in debates and form their political opinions, the design goals of online media and news recommenders have wide implications for the political and social processes that take place online and offline. Current recommender systems have been observed to promote personalization and more effective forms of informing, but also to narrow the user’s exposure to diverse content. Concerns about echo-chambers and filter bubbles highlight the importance of design metrics that can successfully strike a balance between accurate recommendations that respond to individual information needs and preferences, while at the same time addressing concerns about missing out important information, context and the broader cultural and political diversity in the news, as well as fairness. A broader, more sophisticated vision of the future of personalized recommenders needs to be formed–a vision that can only be developed as the result of a collaborative effort by different areas of academic research (media studies, computer science, law and legal philosophy, communication science, political philosophy, and democratic theory). The proposed workshop will set first steps to develop such a much needed vision on the role of recommender systems on the democratic role of the media and define the guidelines as well as a manifesto for future research and long-term goals for the emerging topic of fairness, diversity, and personalization in recommender systems.

diversity, fairness, frontpage, Mediarecht, personalisatie, recommender systems

Bibtex

Article{Bernstein2020, title = {Diversity, Fairness, and Data-Driven Personalization in (News) Recommender System}, author = {Bernstein, A. and Vreese, C.H. de and Helberger, N. and Schulz, W. and Zweig, K.A.}, url = {https://www.ivir.nl/publicaties/download/dagrep_v009_i011_p117_19482.pdf}, doi = {https://doi.org/10.4230/DagRep.9.11.117}, year = {0402}, date = {2020-04-02}, journal = {Dagstuhl Reports}, volume = {9}, number = {11}, pages = {117-124}, abstract = {As people increasingly rely on online media and recommender systems to consume information, engage in debates and form their political opinions, the design goals of online media and news recommenders have wide implications for the political and social processes that take place online and offline. Current recommender systems have been observed to promote personalization and more effective forms of informing, but also to narrow the user’s exposure to diverse content. Concerns about echo-chambers and filter bubbles highlight the importance of design metrics that can successfully strike a balance between accurate recommendations that respond to individual information needs and preferences, while at the same time addressing concerns about missing out important information, context and the broader cultural and political diversity in the news, as well as fairness. A broader, more sophisticated vision of the future of personalized recommenders needs to be formed–a vision that can only be developed as the result of a collaborative effort by different areas of academic research (media studies, computer science, law and legal philosophy, communication science, political philosophy, and democratic theory). The proposed workshop will set first steps to develop such a much needed vision on the role of recommender systems on the democratic role of the media and define the guidelines as well as a manifesto for future research and long-term goals for the emerging topic of fairness, diversity, and personalization in recommender systems.}, keywords = {diversity, fairness, frontpage, Mediarecht, personalisatie, recommender systems}, }

Pitching trade against privacy: reconciling EU governance of personal data flows with external trade external link

International Data Privacy Law, vol. 10, num: 3, pp: 201-221, 2020

Abstract

This article positions EU’s external governance of personal data flows against the backdrop of the international controversy on digital trade versus strict privacy laws. Now that the EU has defined its position on horizontal provisions on cross-border data flows and personal data protection, it is both timely and essential to reassess its strategy on the international transfers of personal data in the purview of its future trade agreements. For its own normative approach and regulatory autonomy, the EU has a pivotal role to play in shaping the interface between trade and privacy before the ‘free trade leviathan’ can restrict the policy choices not only of individual states but also of the EU itself. Our contribution aims to break through the present compartmentalization of privacy scholarship and trade lawyers because it situates personal data flows in both disciplines.

Cross-border data flow, Digital trade, EU law, frontpage, GDPR, international trade law, Personal data, Privacy

Bibtex

Article{Irion2020bb, title = {Pitching trade against privacy: reconciling EU governance of personal data flows with external trade}, author = {Irion, K. and Yakovleva, S.}, doi = {https://doi.org/https://doi.org/10.1093/idpl/ipaa003}, year = {0401}, date = {2020-04-01}, journal = {International Data Privacy Law}, volume = {10}, number = {3}, pages = {201-221}, abstract = {This article positions EU’s external governance of personal data flows against the backdrop of the international controversy on digital trade versus strict privacy laws. Now that the EU has defined its position on horizontal provisions on cross-border data flows and personal data protection, it is both timely and essential to reassess its strategy on the international transfers of personal data in the purview of its future trade agreements. For its own normative approach and regulatory autonomy, the EU has a pivotal role to play in shaping the interface between trade and privacy before the ‘free trade leviathan’ can restrict the policy choices not only of individual states but also of the EU itself. Our contribution aims to break through the present compartmentalization of privacy scholarship and trade lawyers because it situates personal data flows in both disciplines.}, keywords = {Cross-border data flow, Digital trade, EU law, frontpage, GDPR, international trade law, Personal data, Privacy}, }

Belgian court asks CJEU whether seeding is communicating to the public external link

Kluwer Copyright Blog, 2020

aansprakelijkheid, Belgium, Copyright, EU, frontpage, handhaving, right of communication to the public

Bibtex

Article{Bouchè2020b, title = {Belgian court asks CJEU whether seeding is communicating to the public}, author = {Bouchè, G.}, url = {http://copyrightblog.kluweriplaw.com/2020/03/30/belgian-court-asks-cjeu-whether-seeding-is-communicating-to-the-public/}, year = {0330}, date = {2020-03-30}, journal = {Kluwer Copyright Blog}, keywords = {aansprakelijkheid, Belgium, Copyright, EU, frontpage, handhaving, right of communication to the public}, }

Stichting Brein versus Safe Harbour: The Ongoing Battle Between Intermediaries and Right Holders external link

Kluwer Copyright Blog, 2020

aansprakelijkheid, Copyright, EU, frontpage, right of communication to the public

Bibtex

Article{Stapel2020b, title = {Stichting Brein versus Safe Harbour: The Ongoing Battle Between Intermediaries and Right Holders}, author = {Stapel, S.}, url = {http://copyrightblog.kluweriplaw.com/2020/03/27/stichting-brein-versus-safe-harbour-the-ongoing-battle-between-intermediaries-and-right-holders/}, year = {0327}, date = {2020-03-27}, journal = {Kluwer Copyright Blog}, keywords = {aansprakelijkheid, Copyright, EU, frontpage, right of communication to the public}, }

Rien ne va plus: Reclame en onlinekansspelen external link

Zuiderveen Borgesius, F., Zimin, A., Power, L. & Poort, J.
SEW, num: 3, pp: 116-126, 2020

Abstract

Binnenkort zijn onlinekansspelen toegestaan in Nederland. Na de opening van de markt is te verwachten dat aanbieders van onlinekansspelen intensief reclame gaan maken. Dit artikel bespreekt de juridische context van kansspelreclame, wat voor beperkingen aan reclame mogelijk zijn, en wat de verwachte effecten zijn op met name kansspelverslaving.

commerciele communicatie, frontpage, kansspelen, online kansspelen, reclame

Bibtex

Article{Borgesius2020b, title = {Rien ne va plus: Reclame en onlinekansspelen}, author = {Zuiderveen Borgesius, F. and Zimin, A. and Power, L. and Poort, J.}, url = {https://www.ivir.nl/publicaties/download/SEW_2020_3_auteursversie.pdf https://www-uitgeverijparis-nl.proxy.uba.uva.nl:2443/nl/reader/206589/1001465434}, year = {0331}, date = {2020-03-31}, journal = {SEW}, number = {3}, abstract = {Binnenkort zijn onlinekansspelen toegestaan in Nederland. Na de opening van de markt is te verwachten dat aanbieders van onlinekansspelen intensief reclame gaan maken. Dit artikel bespreekt de juridische context van kansspelreclame, wat voor beperkingen aan reclame mogelijk zijn, en wat de verwachte effecten zijn op met name kansspelverslaving.}, keywords = {commerciele communicatie, frontpage, kansspelen, online kansspelen, reclame}, }

Four tales of sci-fi and information law external link

Helberger, N., Poort, J. & Makhortykh, M.
Internet Policy Review, vol. 9, num: 1, 2020

Abstract

Feel like living in a dystopia? Take a deep breath, get a strong coffee, and let us challenge your ideas of where reality ends, and sci-fi begins…

frontpage, Informatierecht, science fiction

Bibtex

Article{Helberger2020b, title = {Four tales of sci-fi and information law}, author = {Helberger, N. and Poort, J. and Makhortykh, M.}, url = {https://policyreview.info/node/1457/pdf}, doi = {https://doi.org/10.14763/2020.1.1457}, year = {0330}, date = {2020-03-30}, journal = {Internet Policy Review}, volume = {9}, number = {1}, pages = {}, abstract = {Feel like living in a dystopia? Take a deep breath, get a strong coffee, and let us challenge your ideas of where reality ends, and sci-fi begins…}, keywords = {frontpage, Informatierecht, science fiction}, }

Strengthening legal protection against discrimination by algorithms and artificial intelligence external link

The International Journal of Human Rights, 2020

Abstract

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.

algoritmes, Artificial intelligence, discriminatie, frontpage, GDPR, Privacy

Bibtex

Article{Borgesius2020, title = {Strengthening legal protection against discrimination by algorithms and artificial intelligence}, author = {Zuiderveen Borgesius, F.}, url = {https://doi-org.proxy.uba.uva.nl:2443/10.1080/13642987.2020.1743976}, year = {0329}, date = {2020-03-29}, journal = {The International Journal of Human Rights}, abstract = {Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.}, keywords = {algoritmes, Artificial intelligence, discriminatie, frontpage, GDPR, Privacy}, }

Preliminary ruling to the CJEU on geographical boundaries of UCD novelty assessment external link

Journal of Intellectual Property Law & Practice, vol. 15, num: 4, pp: 240-241, 2020

Abstract

Beverly Hills Teddy Bear Company v PMS International Group Plc [2019] EWHC 2419 (IPEC), High Court of England and Wales, 17 September 2019. The High Court of Justice of England and Wales has sought guidance from the Court of Justice of the European Union (CJEU) as regards whether the disclosure of a design outside the Community can still qualify for protection within the Community.

design, frontpage, Trademark law

Bibtex

Article{Stapel2020, title = {Preliminary ruling to the CJEU on geographical boundaries of UCD novelty assessment}, author = {Stapel, S.}, url = {https://doi-org.proxy.uba.uva.nl:2443/10.1093/jiplp/jpaa032}, doi = {https://doi.org/https://doi.org/10.1093/jiplp/jpaa032}, year = {0324}, date = {2020-03-24}, journal = {Journal of Intellectual Property Law & Practice}, volume = {15}, number = {4}, pages = {240-241}, abstract = {Beverly Hills Teddy Bear Company v PMS International Group Plc [2019] EWHC 2419 (IPEC), High Court of England and Wales, 17 September 2019. The High Court of Justice of England and Wales has sought guidance from the Court of Justice of the European Union (CJEU) as regards whether the disclosure of a design outside the Community can still qualify for protection within the Community.}, keywords = {design, frontpage, Trademark law}, }

Algorithmic systems: the consent is in the detail? external link

Internet Policy Review, vol. 9, num: 1, 2020

Abstract

Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled in order to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?

algorithms, consent, frontpage, Technologie en recht

Bibtex

Article{Giannopoulou2020, title = {Algorithmic systems: the consent is in the detail?}, author = {Giannopoulou, A.}, url = {https://policyreview.info/node/1452/pdf}, doi = {https://doi.org/10.14763/2020.1.1452}, year = {0324}, date = {2020-03-24}, journal = {Internet Policy Review}, volume = {9}, number = {1}, pages = {}, abstract = {Applications of algorithmically informed decisions are becoming entrenched in society, with data processing being their main process and ingredient. While these applications are progressively gaining momentum, established data protection and privacy rules have struggled to incorporate the particularities of data-intensive information societies. It is a truism to point out the resulting misalignment between algorithmic processing of personal data and the data protection regulatory frameworks that strive for meaningful control over personal data. However, the challenges to the (traditional) role and concept of consent are particularly manifest. This article examines the transformation of consent models in order to assess how the concept and the applied models of consent can be reconciled in order to correspond not only to the current regulatory landscapes but also to the exponential growth of algorithmic processing technologies. This particularly pressing area of safeguarding a basic aspect of individual control over personal data in the algorithmic era is interlinked with practical implementations of consent in the technology used and with adopted interpretations of the concept of consent, the scope of application of personal data, as well as the obligations enshrined in them. What makes consent effective as a data protection tool and how can we maintain its previous glory within the current technological challenges?}, keywords = {algorithms, consent, frontpage, Technologie en recht}, }

The personal information sphere: An integral approach to privacy and related information and communication rights external link

JASIST, vol. 71, num: 9, pp: 1116-1128, 2020

Abstract

Data protection laws, including the European Union General Data Protection Regulation, regulate aspects of online personalization. However, the data protection lens is too narrow to analyze personalization. To define conditions for personalization, we should understand data protection in its larger fundamental rights context, starting with the closely connected right to privacy. If the right to privacy is considered along with other European fundamental rights that protect information and communication flows, namely, communications confidentiality; the right to receive information; and freedom of expression, opinion, and thought, these rights are observed to enable what I call a “personal information sphere” for each person. This notion highlights how privacy interferences affect other fundamental rights. The personal information sphere is grounded in European case law and is thus not just an academic affair. The essence of the personal information sphere is control, yet with a different meaning than mere control as guaranteed by data protection law. The personal information sphere is about people controlling how they situate themselves in information and communication networks. It follows that, to respect privacy and related rights, online personalization providers should actively involve users in the personalization process and enable them to use personalization for personal goals.

Data protection law, frontpage, Fundamental rights, personalization, Privacy

Bibtex

Article{Eskens2020, title = {The personal information sphere: An integral approach to privacy and related information and communication rights}, author = {Eskens, S.}, url = {https://www.ivir.nl/publicaties/download/jasist_2020.pdf}, doi = {https://doi.org/https://doi.org/10.1002/asi.24354}, year = {0320}, date = {2020-03-20}, journal = {JASIST}, volume = {71}, number = {9}, pages = {1116-1128}, abstract = {Data protection laws, including the European Union General Data Protection Regulation, regulate aspects of online personalization. However, the data protection lens is too narrow to analyze personalization. To define conditions for personalization, we should understand data protection in its larger fundamental rights context, starting with the closely connected right to privacy. If the right to privacy is considered along with other European fundamental rights that protect information and communication flows, namely, communications confidentiality; the right to receive information; and freedom of expression, opinion, and thought, these rights are observed to enable what I call a “personal information sphere” for each person. This notion highlights how privacy interferences affect other fundamental rights. The personal information sphere is grounded in European case law and is thus not just an academic affair. The essence of the personal information sphere is control, yet with a different meaning than mere control as guaranteed by data protection law. The personal information sphere is about people controlling how they situate themselves in information and communication networks. It follows that, to respect privacy and related rights, online personalization providers should actively involve users in the personalization process and enable them to use personalization for personal goals.}, keywords = {Data protection law, frontpage, Fundamental rights, personalization, Privacy}, }