Search result: 3 articles

x
Year 2016 x

Ethan Katsh
Ethan Katsh is Director and Co-Founder of the National Center for Technology and Dispute Resolution, and Professor Emeritus of Legal Studies, University of Massachusetts.

Orna Rabinovich-Einy
Orna Rabinovich-Einy is Assistant Professor at the Faculty of Law of the University of Haifa, Israel.
Article

Systems Thinking, Big Data, and Data Protection Law

Using Ackoff’s Interactive Planning to Respond to Emergent Policy Challenges

Journal European Journal of Law Reform, Issue 4 2016
Keywords big data, data protection, data minimization, systems thinking, interactive planning
Authors Henry Pearce
AbstractAuthor's information

    This article examines the emergence of big data and how it poses a number of significant novel challenges to the smooth operation of some of the European data protection framework’s fundamental tenets. Building on previous research in the area, the article argues that recent proposals for reform in this area, as well as proposals based on conventional approaches to policy making and regulatory design more generally, will likely be ill-equipped to deal with some of big data’s most severe emergent difficulties. Instead, it is argued that novel, and possibly unorthodox, approaches to regulation and policy design premised on systems thinking methodologies may represent attractive and alternative ways forward. As a means of testing this general hypothesis, the article considers Interactive Planning, a systems thinking methodology popularized by the organizational theorist Russel Ackoff, as a particular embryonic example of one such methodological approach, and, using the challenges posed by big data to the principle of purpose limitation as a case study, explores whether its usage may be beneficial in the development of data protection law and policy in the big data environment.


Henry Pearce
University of Hertfordshire, Lecturer in law, e-mail: h.pearce@herts.ac.uk.

    This article demonstrates how international policy frameworks provide space for iterative engagement between peacebuilding scholars and practitioners. I focus on United Nations Security Council Resolution (UNSCR) 1325, which prioritized gender mainstreaming in all stages of peacebuilding. This analysis is based on a review of documents and literature that trace the trajectory of UNSCR 1325 from a variety of perspectives, and informal field interviews with practitioners working at the nexus of gender and peacebuilding. UNSCR 1325 was the product of practitioners who felt that gender was central to peace and security in practice and supported their views with theory. The process of drafting and implementing UNSCR 1325 simultaneously legitimized practitioner projects to incorporate women in peacebuilding and narrowed their scope, prompting critique and research from scholars and scholar-practitioners. The ensuing debates reveal how international policy frameworks can provide a space for iterative and productive discourse between scholars and practitioners by reaffirming shared normative objectives and making the contributions and limitations of both theory and practice visible. Scholar-practitioners can expand the frequency, quality and impact of interactions in this space by acting as intermediaries who circulate between and bridge the worlds of scholarship, policy and practice.


Danielle Fulmer
Danielle Fulmer is a former PhD student in the joint programme in Sociology and Peace Studies at the University of Notre Dame. Her research interests include local–global collaborations to transform gender norms and the role of intermediary actors in grassroots social movements.
Showing all 3 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.