Monthly Archives: June 2018

Smart technology and patient safety – a double-edged sword?

By Dr Oliver Quick, Reader in Law (University of Bristol Law School) and Prof Anita Ho, Associate Professor of Bioethics (University of British Columbia).*

This blog explores the implications of a specific type of information and communication technology on healthcare delivery: direct-to-consumer (DTC) self-monitoring devices and smartphone apps. The use of such technology is central to healthcare systems delivering more personalised care, and may be useful given an ageing population, the increasing prevalence of chronic conditions, and the aim of reducing hospital admissions. However, smart technologies may create a double-edged sword for therapeutic relationships and patient safety. When used properly, these technologies may promote safe and effective care by empowering patients to take charge of their own health and promote efficient sharing of relevant health information.  However, if not regulated or incorporated appropriately into clinical care, smart technologies can pose significant ethical and safety concerns. Continue reading

Sex Work, Labour Unfreedom, and the Law

By Dr Katie Cruz, Lecturer in Law (University of Bristol Law School).*

On 2nd June, sex workers and activists gathered globally to mark the struggle for sex workers’ rights. International Sex Workers Day is just one day of the year dedicated to the struggle for sex workers. Activists gather on March 3rd to mark International Sex Worker Rights Day and on December 17th to mark International Day to End Violence against Sex Workers. These dates occur because of the historical and ongoing violence against, and exclusion of, sex workers. Sex workers are subject to interpersonal forms of violence, from police officers and clients, and the structural violence of criminal justice and immigration institutions. They are criminalized and affected by often-punitive anti-trafficking laws and policies, and they are subject to heightened immigration controls, including the criminalization of movement and working. The Tory government’s hostile environment has created additional layers of institutionalised insecurity for many migrant sex workers, including restrictions on access to housing, healthcare, education, and banking services.

In a recent article I wrote for Feminist Legal Studies, I argue for a Marxist feminist methodology capable or describing and opposing these intersecting exclusions and oppressions as they apply to migrant sex workers in the UK. However, this method can be used to understand the precarious living and working conditions of all (sex) workers. In this post, I make some remarks in relation to citizen sex workers in the UK and Jamaica, where I am currently conducting fieldwork with Prof Julia O’Connell Davidson and Dr Jacqueline Sanchez Taylor. Continue reading

Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School), Prof Janneke Gerards, Chair in Fundamental rights law (Utrecht University), and Miss Rose Slowe, Barrister (Middle Temple) and Honorary Research Fellow (University of Bristol Law School).

In our experience the general public, some of our students, and even some of our colleagues, are confused about the differences between the 47-member Council of Europe, the parent body of the European Court of Human Rights, and the 28 (soon to be 27)-member European Union, in human rights and other fields. Confusion about the differences between the two organizations has also been compounded by increasing interaction between them, particularly over the past decade or so. The human rights-related literature is also dominated by separate studies, largely concerning their respective legal systems. As a result, more integrated accounts are increasingly required. This is the primary objective of our recently-published book – S. Greer, J. Gerards and R. Slowe, Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges (Cambridge University Press, 2018). Continue reading

Standing of the Northern Ireland Human Rights Commission in the UK Supreme Court Abortion Decision

By Dr Jane Rooney, Lecturer in Law (University of Bristol Law School).

In its much-awaited decision on Northern Irish abortion laws, a majority in the UK Supreme Court dismissed the appeal brought by the Northern Ireland Human Rights Commission (the Commission) on the basis that it lacked standing to bring legal proceedings [In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review [2018] UKSC 27]. Kathryn McNeilly, Fiona Bloomer, and Claire Pierson explain the context and implications of the ruling here. Despite agreement ‘that the current law in Northern Ireland on abortion is disproportionate and incompatible with Article 8 of the [European] Convention’ on Human Rights (see UK Supreme Court press release), the Commission had no standing and therefore the Supreme Court could not make a declaration of incompatibility under section 4 of the Human Rights Act and their statements on rights violations were obiter dicta.

This blog considers the Supreme Court’s adjudication on standing. It argues for a literal interpretation of the Northern Ireland Act 1998 and Human Rights Act 1998 (HRA) to argue that, contrary to the UK Supreme Court’s majority judgment, the Commission is empowered under the Northern Ireland Act to bring proceedings in cases of an unlawful act of a public authority and for review of the compatibility of Northern Irish primary legislation with the European Convention on Human Rights (the Convention). Continue reading

Three stories about English land secrecy

By Prof Antonia Layard, Professor of Law (University of Bristol Law School).*

Information about land is valuable, politically, fiscally and – increasingly – as geospatial data products ripe for commercial development. Since William the Conqueror’s Domesday Book was completed in 1086, politicians, campaigners and citizens have wanted to know who owns what. Taxation continues to matter but so does freedom of information. Microeconomics, for example, teaches us that a “free market” relies on symmetry of information: if one party knows more than another, the level playing field is distorted. Money laundering and terrorist financing justify the EU’s pursuit of registers of beneficial ownership. Transparency campaigners argue that open and free data on land ownership is both a citizen’s right and that open registers improve efforts to crack down on tax avoidance. Although rights to privacy continue to resonate in English politics, particularly to beneficial ownership in trusts, the calls for transparency grow louder.

And yet, as these three stories about land secrecy show, we still struggle for information about land ownership and deals. While land registry data is publicly available it is held by estate, rather than being mapped cadastrally, giving a birdseye view of land ownership by presenting the boundaries of land ownership spatially. The paradoxical result, as MSP Andy Wightman has pointed out, is that it is easier to assemble cadastral information for previous generations, based on historical surveys (Domesday, the 1830-1840s Tithe Maps, The Return of Owners of Land from 1873-5 or the 1940s Farm Land Use mapping in England) than map land ownership today. Of course, transparency could be achieved at the stroke of a political pen to find out who owns England (story 1), to understand the extent and range of beneficial ownership of land (story 2) or to avoid the use of “redacting” in “viability assessments” to reduce the amount of newly built affordable housing (story 3). Yet – so far – there is a lack of political will to end ongoing secrecy about land ownership and land deals. Continue reading

Scarce regulatory resources: tactical enforcement and hybrid data governance in the cloud

By Dr Asma Vranaki, Lecturer in Law (University of Bristol Law School).

© Ben O’Bryan

European data protection authorities (EU DPAs) play crucial roles in protecting personal data rights. However, many EU DPAs do not have adequate access to resources in order to be effective data privacy protectors. Although the data privacy law literature recognizes that many EU DPAs operate within such constraints, to date, there has been a dearth of empirical studies on how limited resources can impact on enforcement. A new article* makes a modest attempt to address this empirical gap by analysing selected empirical findings of a recent project which examined the investigations of multinational cloud providers by EU DPAs (Cloud Investigations).

This article draws on the fields of socio-legal studies and regulation to interpret these empirical findings and advances three arguments. First, due to their fiscal constraints, some EU DPAs often have to make tactical enforcement decisions about initiating Cloud Investigations as well as the foci and methods of Cloud Investigations. The decision-making process can be very complex for some EU DPAs as they have to not only consider but also at times balance a broad range of factors including external pressures, law and enforcement styles. Second, hybrid forms of data governance can often emerge during Cloud Investigations as EU DPAs delegate their regulatory tasks to private and governmental (other than EU DPAs) actors due to the limited resources. Finally, this article suggests that hybrid data governance needs to be carefully designed in order to ensure effective and robust data governance. Suggestions are made on how the ‘regulatory space’ can be designed in order to promote accountability, trust, robust data protection and effective multi-actor collaboration.

* This article is derived from the work which Dr Vranaki undertook for the ‘Accountability for Cloud’ research project which was funded by the European Commission Seventh Framework Programme. It can be freely downloaded from https://www.researchgate.net/publication/325451273_Scarce_regulatory_resources_tactical_enforcement_and_hybrid_data_governance_in_the_cloud.