1 Introduction
Social media data
1. Modern society is generating an "ever-increasing"
volume of data and there is a lot of speculation on how the data
generated by social media platforms might be utilised by both
private and public organisations.[1]
techUK[2] defined social
media data as "'information relating to user-generated content
on the internet"[3]
and, as it produces data sets too large for traditional data processing,
belongs to what is generally categorised as big data.[4]
2. The Government outlined some statistics drawn
from Digital Insights about public engagement with social media
platforms in 2013: every day 400 million tweets are posted to
Twitter, 350 million photos are added to Facebook and over a billion
videos are viewed on YouTube.[5]
The Internet Association wrote that "analysis of large datasets
can lead to the discovery of new opportunities, unanticipated
insights, and unexpected services that bring value to society,
businesses, and governments"[6]
and the Government considered that social media data may have
the "potential to transform public and private sector organisations"
whilst driving "research and development".[7]
3. The Information Commissioner's Office's (ICO)
report, Big Data and Data Protection, published in July
2014, described big data as an area that was "fast-evolving".[8]
The infrastructure required to support this growing field is clearly
an important aspect for future Government activity and one that
the Government is addressing through partnership with the Economic
and Social Research Council (ESRC) Administrative Data Research
Network[9] and investments
in a number of projects including:
i) "£42
million announced this year to establish the 'Alan Turing Institute
for Data Science' which will research new ways of collecting,
storing and analysing huge data sets.
ii) £189
million announced in the 2012 Autumn Statement to support big
data and energy-efficient computing projects such as the National
Biomedical Informatics Institute and a UK network of Administrative
Data Research Centres.
iii) Setting
up the Connected Digital Economy Catapult (CDEC), which will receive
over £50 million investment from the Technology Strategy
Board. CDEC will play a leading role in developing new tools,
platforms and assets to enable innovative UK companies to take
advantage of the commercial opportunities provided by the growth
in data."[10]
4. As the information delivered through social media
platforms develops rapidly in terms of the volume of data and
number of users, there is a tension between obtaining data for
commercial/administrative use and the ethical dimensions of using
social media data that resonates, as Professor Liesbet van Zoonen,
Principle Investigator of the IMPRINTS project[11],
pointed out, with the disturbing themes raised in the novel Nineteen
Eighty Four by George Orwell.[12]
Orwell painted a world in which the privacy of individuals had
been severely eroded and where personal information was used by
the state to control citizens. Whilst the concerns raised in this
inquiry did not reach the same epic proportions, there were serious
misgivings raised in relation to obtaining informed consent for
the use of citizens' data.
Data protection legislation
5. The law concerning the rights of individuals in
relation to their data was outlined in the EU Data Protection
Directive (95/46/EC) and transposed into UK law through the Data
Protection Act 1998.[13]
The growth of the use of big data, and services such as social
media platforms, has coincided with the original EU legislation
being revisited. The EU Commission published a draft General
Data Protection Regulation, in January 2012, to update data
protection legislation.[14]
The Regulation would, as drafted, expand on the rules governing
consent and privacy issues such as the 'right to be forgotten'
and mandating the collection of explicit consent for data usage.
For example, the conditions for consent outlined in Article 7
are drafted as follows:
1. The controller shall bear the burden of proof
for the data subject's consent to the processing of their personal
data for specified purposes.
2. If the data subject's consent is to be given
in the context of a written declaration which also concerns another
matter, the requirement to give consent must be presented distinguishable
in its appearance from this other matter.
3. The data subject shall have the right to withdraw
his or her consent at any time. The withdrawal of consent shall
not affect the lawfulness of processing based on consent before
its withdrawal.
4. Consent shall not provide a legal basis for
the processing, where there is a significant imbalance between
the position of the data subject and the controller.[15]
Our inquiry
6. Although social media data is a potentially valuable
source of information for both economic and governance purposes,
the opportunities that exist are accompanied by a series of ethical
challenges surrounding the issues of privacy and informed consent.
These ethical challenges are international in nature. We wanted
to ensure that the UK Government was considering how social media
data could be used both effectively and responsibly and sought
written evidence on the following terms of reference
i) How
can real-time analysis of social media data benefit the UK? What
should the Government be doing to maximise these benefits?
ii) How does
the UK compare to other EU countries in funding for real-time
big data research?
iii) What
are the barriers to implementing real time data analysis? Is the
new Government data-capability strategy sufficient to overcome
these barriers?
iv) What are
the ethical concerns of using personal data and how is this data
anonymised for research?
v) What impact
is the upcoming EU Data Protection Legislation likely to have
on access to social media data for research?
vi) Is UK
legislation surrounding the collection and use of data fit for
purpose?
7. We received 32 written submissions and held three
evidence sessions, focusing on the benefits of social media data,
the barriers to effective use of social media, questions surrounding
informed consent and privacy, culminating in a final evidence
session with Ed Vaizey MP, Parliamentary Under Secretary
of State for Culture, Communications and Creative Industries,
Department for Culture, Media and Sport. We would like to thank
all contributors for their involvement in this inquiry.
1 SMD 002 [Paras 7-8]. Back
2
techUK is a trade organisation representing companies from the
information technology, telecommunications and electronics sectors. Back
3
SMD 023 [Paras 1.3 & 1.6]. Back
4
The Gartner IT Glossary describes big data as "high-volume,
high-velocity and high-variety information assets that demand
cost-effective, innovative forms of information processing for
enhanced insight and decision making". Gartner IT glossary,
Big data, garner.com/ITglossary. Accessed 24 October 2014. Back
5
SMD 020 [para 3]; see also: Social Media Today, 'Social Media in 2013: By the Numbers',
socialmediatoday.com and Digital Insights, 'Social Media facts, figures and statistics 2013',
blog.digitalinsights.in. Both accessed 24 October 2014. Back
6
The Internet Association, Request for Comments Concerning Big
Data and the Consumer Privacy Bill of Rights (Docket No. 140514424-4424-01),
published 5 August 2014, page 11. Back
7
SMD 020 [para 2]. Back
8
Information Commissioner's Office, Big data and data protection,
July 2014, paragraph 4, page 2. Available at ico.org.uk. Accessed
24 October 2014. Back
9
The stated core aim of the ADRN is to "facilitate access
to and linkage of de-identified administrative data routinely
collected by government departments and other public sector organisations".
See Economic and Social Research Council, 'ESRC Big Data Network
- Phase 1', esrc.ac.uk. Accessed 24 October 2014. Back
10
SMD 020 [para 15] Back
11
IMPRINTS (Identity Management - Public Responses to Identity
Technologies and Services) was a "was a comparative and multidisciplinary
research project, asking about the influences on UK and US publics
to engage and/or disengage with identity management practices,
services and technologies of the future". Its final project
report was published in September 2014. See imprintsfutures.org.
Accessed 24 October 2014. Back
12
SMD 003 [para 3.2.2]; George Orwell, Nineteen Eighty Four,
Published July 1950, Signet Classics Back
13
Directive 95/46/EC,
On the protection of individuals with regard to the processing
of personal data and on the free movement of such data, 24
October 1995; Data Protection Act, 1998. Back
14
European Commission, Proposal for a regulation of the European
Parliament and of the Council on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (General Data Protection Regulation),
25 January 2012 Back
15
European Commission, Proposal for a regulation of the European
Parliament and of the Council on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (General Data Protection Regulation),
Article 7, 25 January 2012 Back
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