[i]nternational development and
humanitarian organizations are increasingly
calling for digital data to be treated as a public
good because of its value in supplementing
scarce national statistics and informing
intervention
(Taylor, 2016, p. 1) The situation becomes
particularly delicate when datasets contain
information of a personal nature, raising
important questions regarding who should claim
ownership of such data (something we turn to
next). With the rapid diffusion of smartphones
and internet-based personal services, incredibly
large amounts of data, including personal data,
are currently owned by relatively few large
private companies in the information industry.
This has led to the emergence of commercial
data-access services and to various proposals
intended to favour a broader circulation of data,
including through
data philanthropy (Lapucci
and Cattuto, 2021), an approach that does not
question the legal ownership of the data by the
private companies that collect and store them.
THE QUESTIONS OF DATA OWNERSHIP
AND THE SOCIAL VALUE OF DATA
Taylor’s (2016) article, from which the quote in
the previous section is taken, is entitled “The
ethics of big data as a public good: which public?
Whose good?”, making it very clear that, in order
to support the vision of data as a public good, we
must answering these two fundamental questions
– Which public? and Whose good? The questions
are particularly relevant for what is considered
personal data, that is, data that reflect personal
attributes of individuals and for which full open
access — which would appear to be the obvious
choice for public data—would risk violating the
rights to privacy of the concerned individuals.
On one hand, there is likely ample consensus that
personal data should belong to the individuals to
whom they refer, who should be able to decide
what use can or cannot be made of such data.
On the other hand, personal data may have a
tremendous importance in many areas for which
they need to be accessed and actively used by
people and institutions other than the individual
21 To provide the following table contains the number of “hits” produced by queries run on 25 May 2022, on various web-based data repositories,
using specific keywords:
22 For more information, see
https://en.wikipedia.org/wiki/Copyleft
.
23 For more information, see
https://en.wikipedia.org/wiki/Creative_Commons_license
.
24 For more information, see
https://en.wikipedia.org/wiki/Open_Source_Initiative
.
repository
website
No of
datasets
keyword
agriculture
food
food security
nutrition
Harvard dataverse
https://dataverse.harvard.edu/
156,062
6,404
8,334
910
1,864
International Household
Survey Network (IHSN)
http://catalog.ihsn.org/
9,188
2,876
2,139
805
706
World Bank microdata
catalogue
https://microdata.worldbank.org/
3,820
634
891
1,345
408
The Australian Data
Archive
https://dataverse.ada.edu.au/
1,616
14
104
6
70
DataverseNL
https://dataverse.nl/
5,963
46
51
1
6
DataverseNO
https://dataverse.no/
1,228
12
47
0
6
[
87
5
INSTITUTIONS AND GOVERNANCE FOR FSN DATA COLLECTION, ANALYSIS, AND USE
to whom they refer. Access to personal data can
be important, for example, for health, security or
administrative reasons, or to enable the provision
of personal services. In the context of FSN, as set
forth in this report, individual data collected via
surveys has great importance for FSN planning
and action, and broader access to such data
allows for better understanding of issues such as
the determinants of people’s access food and the
most effective means to properly address various
forms of malnutrition.
25 Having the legislation for personal data protection in place,
however, is only the first necessary step towards effective protection.
Effective protection requires that an independent and active data
protection authority exists to support the individuals’ ability to
enforce their rights under the law. A recent report (World Bank, UNSD
and Paris21, 2022) shows however that a big gap exists between
low- and high-income countries with respect to data protection
authorities, as they have been established in only 24 percent of low-
income countries, compared to 81 percent of high-income countries,
by 2021.
The tension between the personal right to privacy
and the value of broad data use has led legislators
throughout the world to take steps intended to
keep data open (thus allowing the use of personal
data for research, development and humanitarian
intervention) while subjecting it to personal
data protection norms designed to protect the
individuals’ right to privacy (
SEE BOX 30
).
25
DATA COLLECTION AND ANALYSIS TOOLS FOR FOOD SECURITY AND NUTRITION
BOX 30:
PERSONAL DATA PROTECTION AND THE RIGHT TO PRIVACY
Personal data protection guarantees are foreseen in most legislations throughout the world and in the UN System.
For example, the Charter of the Fundamental Rights of the
European Union
, under Article 8, states that:
1.
Everyone has the right to the protection of personal data concerning him or her.
2.
Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned
or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected
concerning him or her, and the right to have it rectified.
3.
Compliance with these rules shall be subject to control by an independent authority. (Office Journal of the
European Union, 2016., p. 7).
The European Union’s legal protection framework is implemented through a specific regulation, commonly referred
to as the General Data Protection Regulation (GDPR).
In the
United States of America
, although there is no all-encompassing federal legislation that ensures the privacy
and protection of personal data similar to the European Union’s GDPR, a combination of legislation at the federal and
state levels, administrative regulations, and industry-specific self-regulation guidelines provides protection that –
some authors argue – is even greater than that of the European Union (Boyne, 2018).
In
China
, the Personal Information Protection Law of the People’s Republic of China (Chairman’s Order No. 91)
(the PIPL) was adopted by the 30th session of the Standing Committee of the 13th National People’s Congress of
the People’s Republic of China on 20 August 2021 and implemented as of 1 November 2021. As a fundamental law
equivalent to the European Union’s GDPR, the PIPL has gained much attention since its first draft was released in
October 2020.
In dealing with personal data, organizations within the
UN System
are encouraged to follow a series of principles
intended to:
(i) harmonize standards for the protection of personal data across the United Nations System Organizations;
(ii) facilitate the accountable processing of personal data for the purposes of implementing the mandates of the
United Nations System Organizations; and
(iii) ensure respect for the human rights and fundamental freedoms of individuals, in particular the right to privacy
(UNSCEB, n.d.).
(For more information, see
https://unsceb.org/principles-personal-data-protection-and-privacy-listing
).
88
]
[
89
5
INSTITUTIONS AND GOVERNANCE FOR FSN DATA COLLECTION, ANALYSIS, AND USE
Such data protection norms include avoid
assigning explicit property rights on personal data
to anyone
26
and rely on the principle of informed
consent to grant the right to use the collected
information, including the possibility that the
data may be shared with others (for example, for
research purposes) as the mechanism to ensure
the protection of individuals’ right to privacy.
Thus far, this has been considered a reasonable
compromise between the two competing needs
of ensuring protection while allowing adequate
circulation of data. It is useful to note, however,
that informed consent implies that access to
personal data is only granted for the specific
purposes stated in the signed informed consent
form. At least in theory, this should not be
configured as a
sale of the data itself (that is, a
transfer of ownership), which would have required
the assignment of legally binding private property
rights on the data to the individual to start with.
The continued evolution of information and
communication technology, however, has
presented new challenges regarding privacy,
control and dissemination of personal data. When
personal data was collected mostly via face-to-
face interviews by entities such as NSOs, subject
to strict control of the public authority, informed
consent was relatively easy to obtain and generally
sufficiently safe to protect privacy. With the spread
of internet and mobile phone-based services,
however, collecting personal data has become
both much easier and much more pervasive, but
also, potentially, much more dangerous.
First, the scope of what can be considered
personal data has broadened. Even in surveys,
in addition to information that is willingly
and directly provided, the use of these new
technologies may involve the collection
of personal information in a way that is
not immediately transparent to the survey
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