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Archive for the ‘accountability’ Category

The recently announced World Food Programme (WFP) partnership with Palantir, IRIN’s article about it, reactions from the Responsible Data Forum, and WFP’s resulting statement inspired us to pull together a Technology Salon in New York City to discuss the ethics of humanitarian data sharing.

(See this crowdsourced document for more background on the WFP-Palantir partnership and resources for thinking about the ethics of data sharing. Also here is an overview of WFP’s SCOPE system for beneficiary identification, management and tracking.)

Our lead discussants were: Laura Walker McDonald, Global Alliance for Humanitarian Innovation; Mark Latonero, Research Lead for Data & Human Rights, Data & Society; Nathaniel Raymond, Jackson Institute of Global Affairs, Yale University; and Kareem Elbayar, Partnerships Manager, Centre for Humanitarian Data at the United Nations Office for the Coordination of Humanitarian Affairs. We were graciously hosted by The Gov Lab.

What are the concerns about humanitarian data sharing and with Palantir?

Some of the initial concerns expressed by Salon participants about humanitarian data sharing included: data privacy and the permanence of data; biases in data leading to unwarranted conclusions and assumptions; loss of stakeholder engagement when humanitarians move to big data and techno-centric approaches; low awareness and poor practices across humanitarian organizations on data privacy and security; tensions between security of data and utility of data; validity and reliability of data; lack of clarity about the true purposes of data sharing; the practice of ‘ethics outsourcing’ (testing things in places where there is a perceived ‘lower ethical standard;’ and less accountability); use of humanitarian data to target and harm aid recipients; disempowerment and extractive approaches to data; lack of checks and balances for safe and productive data sharing; difficulty of securing meaningful consent; and the links between data and surveillance by malicious actors, governments, private sector, military or intelligence agencies.

Palantir’s relationships and work with police, the CIA, ICE, the NSA, the US military and wider intelligence community are one of the main concerns about this partnership. Some ask whether a company can legitimately serve philanthropy, development, social, human rights and humanitarian sectors while also serving the military and intelligence communities and whether it is ethical for those in the former to engage in partnerships with companies who serve the latter. Others ask if WFP and others who partner with Palantir are fully aware of the company’s background, and if so, why these partnerships have been able to pass through due diligence processes. Yet others wonder if a company like Palantir can be trusted, given its background.

Below is a summary of the key points of the discussion, which happened on February 28, 2019. (Technology Salons are Chatham House affairs, so I have not attributed quotes in this post.)

Why were we surprised by this partnership/type of partnership?

Our first discussant asked why this partnership was a surprise to many. He emphasized the importance of stakeholder conversations, transparency, and wider engagement in the lead-up to these kinds of partnerships. “And I don’t mean in order to warm critics up to the idea, but rather to create a safe and trusted ecosystem. Feedback and accountability are really key to this.” He also highlighted that humanitarian organizations are not experts in advanced technologies and that it’s normal for them to bring in experts in areas that are not their forte. However, we need to remember that tech companies are not experts in humanitarian work and put the proper checks and balances in place. Bringing in a range of multidisciplinary expertise and distributed intelligence is necessary in a complex information environment. One possible approach is creating technology advisory boards. Another way to ensure more transparency and accountability is to conduct a human rights impact assessment. The next year will be a major test for these kinds of partnerships, given the growing concerns, he said.

One Salon participant said that the fact that the humanitarian sector engages in partnerships with the private sector is not a surprise at all, as the sector has worked through Public-Private Partnerships (PPPs) for several years now and they can bring huge value. The surprise is that WFP chose Palantir as the partner. “They are not the only option, so why pick them?” Another person shared that the WFP partnership went through a full legal review, and so it was not a surprise to everyone. However, communication around the partnership was not well planned or thought out and the process was not transparent and open. Others pointed out that although a legal review covers some bases, it does not assess the potential negative social impact or risk to ‘beneficiaries.’ For some the biggest surprise was WFP’s own surprise at the pushback on this particular partnership and its unsatisfactory reaction to the concerns raised about it. The response from responsible data advocates and the press attention to the WFP-Palantir partnership might be a turning point for the sector to encourage more awareness of the risks in working with certain types of companies. As many noted, this is not only a problem for WFP, it’s something that plagues the wider sector and needs to be addressed urgently.

Organizations need think beyond reputational harm and consider harm to beneficiaries

“We spend too much time focusing on avoiding risk to institutions and too little time thinking about how to mitigate risk to beneficiaries,” said one person. WFP, for example, has some of the best policies and procedures out there, yet this partnership still passed their internal test. That is a scary thought, because it implies that other agencies who have weaker policies might be agreeing to even more risky partnerships. Are these policies and risk assessments, then, covering all the different types of risk that need consideration? Many at the Salon felt that due diligence and partnership policies focus almost exclusively on organizational and reputational risk with very little attention to the risk that vulnerable populations might face. It’s not just a question of having policies, however, said one person. “Look at the Oxfam Safeguarding situation. Oxfam had some of the best safeguarding policies, yet there were egregious violations that were not addressed by having a policy. It’s a question of power and how decisions get made, and where decision-making power lies and who is involved and listened to.” (Note: one person contacted me pre-Salon to say that there was pushback by WFP country-level representatives about the Palantir partnership, but that it still went ahead. This brings up the same issue of decision-making power, and who has power to decide on these partnerships and why are voices from the frontlines not being heard? Additionally, are those whose data is captured and put into these large data systems ever consulted about what they think?)

Organizations need to assess wider implications, risks, and unintended negative consequences

It’s not only WFP that is putting information into SCOPE, said one person. “Food insecure people have no choice about whether to provide their data if they wish to receive food.” Thus, the question of truly ‘informed consent’ arises. Implementing partners don’t have a lot of choice either, he said. “Implementing agencies are forced to input beneficiary data into SCOPE if they want to work in particular zones or countries.” This means that WFP’s systems and partnerships have an impact on the entire humanitarian community, and therefore these partnerships and systems need to be more broadly consulted about with the wider sector.  The optical and reputational impact to organizations aside from WFP is significant, as they may disagree with the Palantir partnership but they are now associated with it by default. This type of harm goes beyond the fear of exploitation of the data in WFP’s “data lake.” It becomes a risk to personnel on the ground who are then seen as collaborating with a CIA contractor by putting beneficiary biometric data into SCOPE. This can also deter food-insecure people from accessing benefits. Additionally, association with CIA or US military has led to humanitarian agencies and workers being targeted, attacked and killed. That is all in addition to the question on whether these kinds of partnerships violate humanitarian principles, such as that of impartiality.

“It’s critical to understand the role of rumor in humanitarian contexts,” said one discussant. “Affected populations are trying to figure out what is happening and there is often a lot of rumor going around.”  So, if Palantir has a reputation for giving data to the CIA, people may hear about that and then be afraid to access services for fear of having their data given to the CIA. This can lead to retaliation against humanitarians and humanitarian organizations and escalate their risk of operating. Risk assessments need to go beyond the typical areas of reputation or financial risk. We also need to think about how these partnerships can affect humanitarian access and community trust and how rumors can have wide ripple effects.

The whole sector needs to put better due diligence systems in place. As it is now, noted one person, often it’s someone who doesn’t know much about data who writes up a short summary of the partnership, and there is limited review. “We’ve been struggling for 10 years to get our offices to use data. Now we’re in a situation where they’re just picking up a bunch of data and handing it over to private companies.”

UN immunities and privileges lead to a lack of accountability

The fact that UN agencies have immunities and privileges, means that laws such as the EU’s General Data Protection Regulation (GDPR) do not apply to them and they are left to self-regulate. Additionally, there is no common agreement among UN Agencies on how GDPR applies, and each UN agency interprets it on their own. As one person noted “There is a troubling sense of exceptionalism and lack of accountability in some of these agencies because ‘a beneficiary cannot take me to court.’” An interesting point, however, is that while UN agencies are immune, those contracted as their data processors are not immune — so data processors beware!

Demographically Identifiable Information (DII) can lead to serious group harm

The WFP has stated that personally identifiable information (PII) is not technically accessible to Palantir via this partnership. However, some at the Salon consider that the WFP failed in their statement about the partnership when they used the absence of PII as a defense. Demographically Identifiable Information (DII) and the activity patterns that are visible even in commodity data can be extrapolated as training data for future data modeling. “This is prospective modeling of action-based intelligence patterns as part of multiple screeners of intel,” said one discussant. He went on to explain that privacy discussions have moved from centering on property rights in the 19th Century, to individual rights in the 20th Century, to group rights in the 21st Century. We can use existing laws to emphasize protection of groups and to highlight the risks of DII leading to group harm, he said, as there are well-known cases that exemplify the notion of group harms (Plessy v Ferguson, Brown v Board of Education). Even in logistics data (which is the kind of data that WFP says Palantir will access) that contains no PII, it’s very simple to identify groups. “I can look at supply chain information and tell you where there are lactating mothers. If you don’t want refugees to give birth in the country they have arrived to, this information can be used for targeting.”

Many in the sector do not trust a company like Palantir

Though it is not clear who was in the room when WFP made the decision to partner with Palantir, the overall sector has concerns that the people making these decisions are not assessing partnerships from all angles: legal, privacy, programmatic, ethical, data use and management, social, protection, etc. Technologists and humanitarian practitioners are often not included in making these decisions, said one participant. “It’s the people with MBAs. They trust a tech company to say ‘this is secure’ but they don’t have the expertise to actually know that. Not to mention that yes, something might be secure, but maybe it’s not ethical. Senior people are signing off without having a full view. We need a range of skill sets reviewing these kinds of partnerships and investments.”

Another question arises: What happens when there is scope creep? Is Palantir in essence “grooming” the sector to then abuse data it accesses once it’s trusted and “allowed in”? Others pointed out that the grooming has already happened and Palantir is already on the inside. They first began partnering with the sector via the Clinton Global Initiative meetings back in 2013 and they are very active at World Economic Forum meetings. “This is not something coming out of the Trump administration, it was happening long before that,” said one person, and the company is already “in.” Another person said “Palantir lobbied their way into this, and they’ve gotten past the point of reputational challenge.” Palantir has approached many humanitarian agencies, including all the UN agencies, added a third person. Now that they have secured this contract with the WFP, the door to future work with a lot of other agencies is open and this is very concerning.

We’re in a new political economy: data brokerage.

“Humanitarians have lost their Geneva values and embraced Silicon Valley values” said one discussant. They are becoming data brokers within a colonial data paradigm. “We are making decisions in hierarchies of power, often extralegally,” he said. “We make decisions about other people’s data without their involvement, and we need to be asking: is it humanitarian to commodify for monetary or reasons of value the data of beneficiaries? When is it ethical to trade beneficiary data for something of value?” Another raised the issue of incentives. “Where are the incentives stacked? There is no incentive to treat beneficiaries better. All the incentives are on efficiency and scale and attracting donors.”

Can this example push the wider sector to do better?

One participant hoped there could be a net gain out of the WFP-Palantir case. “It’s a bad situation. But it’s a reckoning for the whole space. Most agencies don’t have these checks and balances in place. But people are waking up to it in a serious way. There’s an opportunity to step into. It’s hard inside of bureaucratic organizations, but it’s definitely an opportunity to start doing better.”

Another said that we need more transparency across the sector on these partnerships. “What is our process for evaluating something like this? Let’s just be transparent. We need to get these data partnership policies into the open. WFP could have simply said ‘here is our process’. But they didn’t. We should be working with an open and transparent model.” Overall, there is a serious lack of clarity on what data sharing agreements look like across the sector. One person attending the Salon said that their organization has been trying to understand current practice with regard to data sharing, and it’s been very difficult to get any examples, even redacted ones.

What needs to happen? 

In closing we discussed what needs to happen next. One person noted that in her research on Responsible Data, she found a total lack of capacity in terms of technology at non-profit organizations. “It’s the Economist Syndrome. Someone’s boss reads something on the bus and decides they need a blockchain,” someone quipped. In terms of responsible data approaches, research shows that organizations are completely overwhelmed. “They are keeping silent about their low capacity out of fear they will face consequences,” said one person, “and with GDPR, even more so”. At the wider level, we are still focusing on PII as the issue without considering DII and group rights, and this is a mistake, said another.

Organizations have very low capacity, and we are siloed. “Program officers do not have tech capacity. Tech people are kept in offices or ‘labs’ on their own and there is not a lot of porosity. We need protection advisors, lawyers, digital safety advisors, data protection officers, information management specialists, IT all around the table for this,” noted one discussant. Also, she said, though we do need principles and standards, it’s important that organizations adapt these so that they are their own principles and standards. “We need to adapt these boiler plate standards to our organizations. This has to happen based on our own organizational values.  Not everyone is rights-based, not everyone is humanitarian.” So organizations need to take the time to review and adapt standards, policies and procedures to their own vision and mission and to their own situations, contexts and operations and to generate awareness and buy-in. In conclusion, she said, “if you are not being responsible with data, you are already violating your existing values and codes. Responsible Data is already in your values, it’s a question of living it.”

Technology Salons happen in several cities around the world. If you’d like to join a discussion, sign up here. If you’d like to host a Salon, suggest a topic, or support us to keep doing Salons in NYC please get in touch with me! 🙂

 

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This post is co-authored by Emily Tomkys, Oxfam GB; Danna Ingleton, Amnesty International; and me (Linda Raftree, Independent)

At the MERL Tech conference in DC this month, we ran a breakout session on rethinking consent in the digital age. Most INGOs have not updated their consent forms and policies for many years, yet the growing use of technology in our work, for many different purposes, raises many questions and insecurities that are difficult to address. Our old ways of requesting and managing consent need to be modernized to meet the new realities of digital data and the changing nature of data. Is informed consent even possible when data is digital and/or opened? Do we have any way of controlling what happens with that data once it is digital? How often are organizations violating national and global data privacy laws? Can technology be part of the answer?

Let’s take a moment to clarify what kind of consent we are talking about in this post. Being clear on this point is important because there are many synchronous conversations on consent in relation to technology. For example there are people exploring the use of the consent frameworks or rhetoric in ICT user agreements – asking whether signing such user agreements can really be considered consent. There are others exploring the issue of consent for content distribution online, in particular personal or sensitive content such as private videos and photographs. And while these (and other) consent debates are related and important to this post, what we are specifically talking about is how we, our organizations and projects, address the issue of consent when we are collecting and using data from those who participate in programs or monitoring, evaluation, research and learning (MERL) that we are implementing.

This diagram highlights that no matter how someone is engaging with the data, how they do so and the decisions they make will impact on what is disclosed to the data subject.

No matter how someone is engaging with data, how they do so and the decisions they make will impact on what is disclosed to the data subject.

This is as timely as ever because introducing new technologies and kinds of data means we need to change how we build consent into project planning and implementation. In fact, it gives us an amazing opportunity to build consent into our projects in ways that our organizations may not have considered in the past. While it used to be that informed consent was the domain of frontline research staff, the reality is that getting informed consent – where there is disclosure, voluntariness, comprehension and competence of the data subject –  is the responsibility of anyone ‘touching’ the data.

Here we share examples from two organizations who have been exploring consent issues in their tech work.

Over the past two years, Girl Effect has been incorporating a number of mobile and digital tools into its programs. These include both the Girl Effect Mobile (GEM) and the Technology Enabled Girl Ambassadors (TEGA) programs.

Girl Effect Mobile is a global digital platform that is active in 49 countries and 26 languages. It is being developed in partnership with Facebook’s Free Basics initiative. GEM aims to provide a platform that connects girls to vital information, entertaining content and to each other. Girl Effect’s digital privacy, safety and security policy directs the organization to review and revise its terms and conditions to ensure that they are ‘girl-friendly’ and respond to local context and realities, and that in addition to protecting the organization (as many T&Cs are designed to do), they also protect girls and their rights. The GEM terms and conditions were initially a standard T&C. They were too long to expect girls to look at them on a mobile, the language was legalese, and they seemed one-sided. So the organization developed a new T&C with simplified language and removed some of the legal clauses that were irrelevant to the various contexts in which GEM operates. Consent language was added to cover polls and surveys, since Girl Effect uses the platform to conduct research and for its monitoring, evaluation and learning work. In addition, summary points are highlighted in a shorter version of the T&Cs with a link to the full T&Cs. Girl Effect also develops short articles about online safety, privacy and consent as part of the GEM content as a way of engaging girls with these ideas as well.

TEGA is a girl-operated mobile-enabled research tool currently operating in Northern Nigeria. It uses data-collection techniques and mobile technology to teach girls aged 18-24 how to collect meaningful, honest data about their world in real time. TEGA provides Girl Effect and partners with authentic peer-to-peer insights to inform their work. Because Girl Effect was concerned that girls being interviewed may not understand the consent they were providing during the research process, they used the mobile platform to expand on the consent process. They added a feature where the TEGA girl researchers play an audio clip that explains the consent process. Afterwards, girls who are being interviewed answer multiple choice follow up questions to show whether they have understood what they have agreed to. (Note: The TEGA team report that they have incorporated additional consent features into TEGA based on examples and questions shared in our session).

Oxfam, in addition to developing out their Responsible Program Data Policy, has been exploring ways in which technology can help address contemporary consent challenges. The organization had doubts on how much its informed consent statement (which explains who the organization is, what the research is about and why Oxfam is collecting data as well as asks whether the participant is willing to be interviewed) was understood and whether informed consent is really possible in the digital age. All the same, the organization wanted to be sure that the consent information was being read out in its fullest by enumerators (the interviewers). There were questions about what the variation might be on this between enumerators as well as in different contexts and countries of operation. To explore whether communities were hearing the consent statement fully, Oxfam is using mobile data collection with audio recordings in the local language and using speed violations to know whether the time spent on the consent page is sufficient, according to the length of the audio file played. This is by no means foolproof but what Oxfam has found so far is that the audio file is often not played in full and or not at all.

Efforts like these are only the beginning, but they help to develop a resource base and stimulate more conversations that can help organizations and specific projects think through consent in the digital age.

Additional resources include this framework for Consent Policies developed at a Responsible Data Forum gathering.

Because of how quickly technology and data use is changing, one idea that was shared was that rather than using informed consent frameworks, organizations may want to consider defining and meeting a ‘duty of care’ around the use of the data they collect. This can be somewhat accomplished through the creation of organizational-level Responsible Data Policies. There are also interesting initiatives exploring new ways of enabling communities to define consent themselves – like this data licenses prototype.

screen-shot-2016-11-02-at-10-20-53-am

The development and humanitarian sectors really need to take notice, adapt and update their thinking constantly to keep up with technology shifts. We should also be doing more sharing about these experiences. By working together on these types of wicked challenges, we can advance without duplicating our efforts.

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At our April 5th Salon in Washington, DC we had the opportunity to take a closer look at open data and privacy and discuss the intersection of the two in the framework of ‘responsible data’. Our lead discussants were Amy O’Donnell, Oxfam GB; Rob Baker, World Bank; Sean McDonald, FrontlineSMS. I had the pleasure of guest moderating.

What is Responsible Data?

We started out by defining ‘responsible data‘ and some of the challenges when thinking about open data in a framework of responsible data.

The Engine Room defines ‘responsible data’ as

the duty to ensure people’s rights to consent, privacy, security and ownership around the information processes of collection, analysis, storage, presentation and reuse of data, while respecting the values of transparency and openness.

Responsible Data can be like walking a tightrope, noted our first discussant, and you need to find the right balance between opening data and sharing it, all the while being ethical and responsible. “Data is inherently related to power – it can create power, redistribute it, make the powerful more powerful or further marginalize the marginalized. Getting the right balance involves asking some key questions throughout the data lifecycle from design of the data gathering all the way through to disposal of the data.

How can organizations be more responsible?

If an organization wants to be responsible about data throughout the data life cycle, some questions to ask include:

  • In whose interest is it to collect the data? Is it extractive or empowering? Is there informed consent?
  • What and how much do you really need to know? Is the burden of collecting and the liability of storing the data worth it when balanced with the data’s ability to represent people and allow them to be counted and served? Do we know what we’ll actually be doing with the data?
  • How will the data be collected and treated? What are the new opportunities and risks of collecting and storing and using it?
  • Why are you collecting it in the first place? What will it be used for? Will it be shared or opened? Is there a data sharing MOU and has the right kind of consent been secured? Who are we opening the data for and who will be able to access and use it?
  • What is the sensitivity of the data and what needs to be stripped out in order to protect those who provided the data?

Oxfam has developed a data deposit framework to help assess the above questions and make decisions about when and whether data can be open or shared.

(The Engine Room’s Responsible Development Data handbook offers additional guidelines and things to consider)

(See: https://wiki.responsibledata.io/Data_in_the_project_lifecycle for more about the data lifecycle)

Is ‘responsible open data’ an oxymoron?

Responsible Data policies and practices don’t work against open data, our discussant noted. Responsible Data is about developing a framework so that data can be opened and used safely. It’s about respecting the time and privacy of those who have provided us with data and reducing the risk of that data being hacked. As more data is collected digitally and donors are beginning to require organizations to hand over data that has been collected with their funding, it’s critical to have practical resources and help staff to be more responsible about data.

Some disagreed that consent could be truly informed and that open data could ever be responsible since once data is open, all control over the data is lost. “If you can’t control the way the data is used, you can’t have informed people. It’s like saying ‘you gave us permission to open your data, so if something bad happens to you, oh well….” Informed consent is also difficult nowadays because data sets are being used together and in ways that were not possible when informed consent was initially obtained.

Others noted that standard informed consent practices are unhelpful, as people don’t understand what might be done with their data, especially when they have low data literacy. Involving local communities and individuals in defining what data they would like to have and use could make the process more manageable and useful for those whose data we are collecting, using and storing, they suggested.

One person said that if consent to open data was not secured initially; the data cannot be opened, say, 10 years later. Another felt that it was one thing to open data for a purpose and something entirely different to say “we’re going to open your data so people can do fun things with it, to play around with it.”

But just what data are we talking about?

USAID was questioned for requiring grantees to share data sets and for leaning towards de-identification rather than raising the standard to data anonymity. One person noted that at one point the agency had proposed a 22-step process for releasing data and even that was insufficient for protecting program participants in a risky geography because “it’s very easy to figure out who in a small community recently received 8 camels.” For this reason, exclusions are an important part of open data processes, he said.

It’s not black or white, said another. Responsible open data is possible, but openness happens along a spectrum. You have financial data on the one end, which should be very open as the public has a right to know how its tax dollars are being spent. Human subjects research is on the other end, and it should not be totally open. (Author’s note: The Open Knowledge Foundation definition of open data says: “A key point is that when opening up data, the focus is on non-personal data, that is, data which does not contain information about specific individuals.” The distinction between personal data, such as that in household level surveys, and financial data on agency or government activities seems to be blurred or blurring in current debates around open data and privacy.) “Open data will blow up in your face if it’s not done responsibly,” he noted. “But some of the open data published via IATI (the International Aid Transparency Initiative) has led to change.”

A participant followed this comment up by sharing information from a research project conducted on stakeholders’ use of IATI data in 3 countries. When people knew that the open data sets existed they were very excited, she said. “These are countries where there is no Freedom of Information Act (FOIA), and where people cannot access data because no one will give it to them. They trusted the US Government’s data more than their own government data, and there was a huge demand for IATI data. People were very interested in who was getting what funding. They wanted information for planning, coordination, line ministries and other logistical purposes. So let’s not underestimate open data. If having open data sets means that governments, health agencies or humanitarian organizations can do a better job of serving people, that may make for a different kind of analysis or decision.”

‘Open by default’ or ‘open by demand’?

Though there are plenty of good intentions and rationales for open data, said one discussant, ‘open by default’ is a mistake. We may have quick wins with a reduction in duplicity of data collection, but our experiences thus far do not merit ‘open by default’. We have not earned it. Instead, he felt that ‘open by demand’ is a better idea. “We can put out a public list of the data that’s available and see what demand for data comes in. If we are proactive on what is available and what can be made available, and we monitor requests, we can avoid putting out information that no one is interested in. This would lower the overhead on what we are releasing. It would also allow us to have a conversation about who needs this data and for what.”

One participant agreed, positing that often the only reason that we collect data is to provide proof and evidence that we’re doing our job, spending the money given to us, and tracking back. “We tend to think that the only way to provide this evidence is to collect data: do a survey, talk to people, look at website usage. But is anyone actually using this data, this evidence to make decisions?”

Is the open data honeymoon over?

“We need to do a better job of understanding the impact at a wider level,” said another participant, “and I think it’s pretty light. Talking about open data is too general. We need to be more service oriented and problem driven. The conversation is very different when you are using data to solve a particular problem and you can focus on something tangible like service delivery or efficiency. Open data is expensive and not sustainable in the current setup. We need to figure this out.”

Another person shared results from an informal study on the use of open data portals around the world. He found around 2,500 open data portals, and only 3.8% of them use https (the secure version of http). Most have very few visitors, possibly due to poor Internet access in the countries whose open data they are serving up, he said. Several exist in countries with a poor Freedom House ranking and/or in countries at the bottom end of the World Bank’s Digital Dividends report. “In other words, the portals have been built for people who can’t even use them. How responsible is this?” he asked, “And what is the purpose of putting all that data out there if people don’t have the means to access it and we continue to launch more and more portals? Where’s all this going?”

Are we conflating legal terms?

Legal frameworks around data ownership were debated. Some said that the data belonged to the person or agency that collected it or paid for the cost of collecting in terms of copyright and IP. Others said that the data belonged to the individual who provided it. (Author’s note: Participants may have been referring to different categories of data, eg., financial data from government vs human subjects data.) The question was raised of whether informed consent for open data in the humanitarian space is basically a ‘contract of adhesion’ (a term for a legally binding agreement between two parties wherein one side has all the bargaining power and uses it to its advantage). Asking a person to hand over data in an emergency situation in order to enroll in a humanitarian aid program is akin to holding a gun to a person’s head in order to get them to sign a contract, said one person.

There’s a world of difference between ‘published data’ and ‘openly licensed data,’ commented our third discussant. “An open license is a complete lack of control, and you can’t be responsible with something you can’t control. There are ways to be responsible about the way you open something, but once it’s open, your responsibility has left the port.” ‘Use-based licensing’ is something else, and most IP is governed by how it’s used. For example, educational institutions get free access to data because they are educational institutions. Others pay and this subsidized their use of this data, he explained.

One person suggested that we could move from the idea of ‘open data’ to sub-categories related to how accessible the data would be and to whom and for what purposes. “We could think about categories like: completely open, licensed, for a fee, free, closed except for specific uses, etc.; and we could also specify for whom, whose data and for what purposes. If we use the term ‘accessible’ rather than ‘open’ perhaps we can attach some restrictions to it,” she said.

Is data an asset or a liability?

Our current framing is wrong, said one discussant. We should think of data as a toxic asset since as soon as it’s in our books and systems, it creates proactive costs and proactive risks. Threat modeling is a good approach, he noted. Data can cause a lot of harm to an organization – it’s a liability, and if it’s not used or stored according to local laws, an agency could be sued. “We’re far under the bar. We are not compliant with ‘safe harbor’ or ECOWAS regulations. There are libel questions and property laws that our sector is ignorant of. Our good intentions mislead us in terms of how we are doing things. There is plenty of room to build good practice here, he noted, for example through Civic Trusts. Another participant noted that insurance underwriters are already moving into this field, meaning that they see growing liability in this space.

How can we better engage communities and the grassroots?

Some participants shared examples of how they and their organizations have worked closely at the grassroots level to engage people and communities in protecting their own privacy and using open data for their own purposes. Threat modeling is an approach that helps improve data privacy and security, said one. “When we do threat modeling, we treat the data that we plan to collect as a potential asset. At each step of collection, storage, sharing process – we ask, ‘how will we protect those assets? What happens if we don’t share that data? If we don’t collect it? If we don’t delete it?’”

In one case, she worked with very vulnerable women working on human rights issues and together the group put together an action plan to protect its data from adversaries. The threats that they had predicted actually happened and the plan was put into action. Threat modeling also helps to “weed the garden once you plant it,” she said, meaning that it helps organizations and individuals keep an eye on their data, think about when to delete data, pay attention to what happens after data’s opened and dedicate some time for maintenance rather than putting all their attention on releasing and opening data.

More funding needs to be made available for data literacy for those whose data has been collected and/or opened. We need to help people think about what data is of use to them also. One person recalled hearing people involved in the creation of the Kenya Open Government Data portal say that the entire process was a waste of time because of low levels of use of any of the data. There are examples, however, of people using open data and verifying it at community level. For example, high school students in one instance found the data on all the so-called grocery stores in their community and went one-by-one checking into them, and identifying that some of these were actually liquor stores selling potato chips, not actual grocery stores. Having this information and engaging with it can be powerful for local communities’ advocacy work.

Are we the failure here? What are we going to do about it?

One discussant felt that ‘data’ and ‘information’ are often and easily conflated. “Data alone is not power. Information is data that is contextualized into something that is useful.” This brings into question the value of having so many data portals, and so much risk, when so little is being done to turn data into information that is useful to the people our sector says it wants to support and empower.

He gave the example of the Weather Channel, a business built around open data sets that are packaged and broadcast, which just got purchased for $2 billion. Channels like radio that would have provided information to the poor were not purchased, only the web assets, meaning that those who benefit are not the disenfranchised. “Our organizations are actually just like the Weather Channel – we are intermediaries who are interested in taking and using open data for public good.”

As intermediaries, we can add value in the dissemination of this open data, he said. If we have the skills, the intention and the knowledge to use it responsibly, we have a huge opportunity here. “However our enlightened intent has not yet turned this data into information and knowledge that communities can use to improve their lives, so are we the failure here? And if so, what are we doing about it? We could immediately begin engaging communities and seeing what is useful to them.” (See this article for more discussion on how ‘open’ may disenfranchise the poor.)

Where to from here?

Some points raised that merit further discussion and attention include:

  • There is little demand or use of open data (such as government data and finances) and preparing and maintaining data sets is costly – ‘open by demand’ may be a more appropriate approach than ‘open by default.’
  • There is a good deal of disagreement about whether data can be opened responsibly. Some of this disagreement may stem from a lack of clarity about what kind of data we are talking about when we talk about open data.
  • Personal data and human subjects data that was never foreseen to be part of “open data” is potentially being opened, bringing with it risks for those who share it as well as for those who store it.
  • Informed consent for personal/human subject data is a tricky concept and it’s not clear whether it is even possible in the current scenario of personal data being ‘opened’ and the lack of control over how it may be used now or in the future, and the increasing ease of data re-identification.
  • We may want to look at data as a toxic asset rather than a beneficial one, because of the liabilities it brings.
  • Rather than a blanket “open” categorization, sub-categorizations that restrict data sets in different ways might be a possibility.
  • The sector needs to improve its understanding of the legal frameworks around data and data collection, storage and use or it may start to see lawsuits in the near future.
  • Work on data literacy and community involvement in defining what data is of interest and is collected, as well as threat modeling together with community groups is a way to reduce risk and improve data quality, demand and use; but it’s a high-touch activity that may not be possible for every kind of organization.
  • As data intermediaries, we need to do a much better job as a sector to see what we are doing with open data and how we are using it to provide services and contextualized information to the poor and disenfranchised. This is a huge opportunity and we have not done nearly enough here.

The Technology Salon is conducted under Chatham House Rule so attribution has not been made in this post. If you’d like to attend future Salons, sign up here

 

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Photo: Duncan Edwards, IDS.

A 2010 review of impact and effectiveness of transparency and accountability initiatives, conducted by Rosie McGee and John Gaventa of the Institute of Development Studies (IDS), found a prevalence of untested assumptions and weak theories of change in projects, programs and strategies. This week IDS is publishing their latest Bulletin titled “Opening Governance,” which offers a compilation of evidence and contributions focusing specifically on Technology in Transparency and Accountability (Tech for T&A).

It has a good range of articles that delve into critical issues in the Tech for T&A and Open Government spaces; help to clarify concepts and design; explore gender inequity as related to information access; and unpack the ‘dark side’ of digital politics, algorithms and consent.

In the opening article, editors Duncan Edwards and Rosie McGee (both currently working with the IDS team that leads the Making All Voices Count Research, Learning and Evidence component) give a superb in-depth review of the history of Tech for T&A and outline some of the challenges that have stemmed from ambiguous or missing conceptual frameworks and a proliferation of “buzzwords and fuzzwords.”

They unpack the history of and links between concepts of “openness,” “open development,” “open government,” “open data,” “feedback loops,” “transparency,” “accountability,” and “ICT4D (ICT for Development)” and provide some examples of papers and evidence that could help to recalibrate expectations among scholars and practitioners (and amongst donors, governments and policy-making bodies, one hopes).

The editors note that conceptual ambiguity continues to plague the field of Tech for T&A, causing technical problems because it hinders attempts to demonstrate impact; and creating political problems “because it clouds the political and ideological differences between projects as different as open data and open governance.”

The authors hope to stoke debate and promote the existing evidence in order to tone down the buzz. Likewise, they aim to provide greater clarity to the Tech for T&A field by offering concrete conclusions stemming from the evidence that they have reviewed and digested.

Download the Opening Governance report here.

 

 

 

 

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The July 7th Technology Salon in New York City focused on the role of Information and Communication Technologies (ICTs) in Public Consultation. Our lead discussants were Tiago Peixoto, Team Lead, World Bank Digital Engagement Unit; Michele Brandt, Interpeace’s Director of Constitution-Making for Peace; and Ravi Karkara, Co-Chair, Policy Strategy Group, World We Want Post-2015 Consultation. Discussants covered the spectrum of local, national and global public consultation.

We started off by delving into the elements of a high-quality public consultation. Then we moved into whether, when, and how ICTs can help achieve those elements, and what the evidence base has to say about different approaches.

Elements and principles of high quality public participation

Our first discussant started by listing elements that need to be considered, whether a public consultation process is local, national or global, and regardless of whether it incorporates:

  • Sufficient planning
  • Realistic time frames
  • Education for citizens to participate in the process
  • Sufficient time and budget to gather views via different mechanisms
  • Interest in analyzing and considering the views
  • Provision of feedback about what is done with the consultation results

Principles underlying public consultation processes are that they should be:

  • Inclusive
  • Representative
  • Transparent
  • Accountable

Public consultation process should also be accompanied by widespread public education processes to ensure that people are prepared to a) provide their opinions and b) aware of the wider context in which the consultation takes place, she said. Tech and media can be helpful for spreading the news that the consultation is taking place, creating the narrative around it, and encouraging participation of groups who are traditional excluded, such as girls and women or certain political, ethnic, economic or religious groups, a Salon participant added.

Technology increases scale but limits opportunities for empathy, listening and learning

When thinking about integrating technologies into national public consultation processes, we need to ask ourselves why we want to encourage participation and consultation, what we want to achieve by it, and how we can best achieve it. It’s critical to set goals and purpose for a national consultation, rather than to conduct one just to tick a box, continued the discussant.

The pros and cons of incorporating technology into public consultations are contextual. Technology can be useful for bringing more views into the consultation process, however face-to-face consultation is critical for stimulating empathy in decision makers. When people in positions of power actually sit down and listen to their constituencies, it can send a very powerful message to people across the nation that their ideas and voices matter. National consultation also helps to build consensus and capacity to compromise. If done according to the above-mentioned principles, public consultation can legitimize national processes and improve buy-in. When leaders are open to listening, it also transforms them, she said.

At times, however, those with leadership or in positions of power do not believe that people can participate; they do not believe that the people have the capacity to have an opinion about a complicated political process, for example the creation of a new constitution. For this reason there is often resistance to national level consultations from multilateral or bilateral donors, politicians, the elites of a society, large or urban non-governmental organizations, and political leaders. Often when public consultation is suggested as part of a constitution making process, it is rejected because it can slow down the process. External donors may want a quick process for political reasons, and they may impose deadlines on national leaders that do not leave sufficient time for a quality consultation process.

Polls often end up being one-off snapshots or popularity contests

One method that is seen as a quick way to conduct a national consultation is polling. Yet, as Salon participants discussed, polls may end up being more like a popularity contest than a consultation process. Polls offer limited space for deeper dialogue or preparing those who have never been listened to before to make their voices heard. Polling may also raise expectations that whatever “wins” will be acted on, yet often there are various elements to consider when making decisions. So it’s important to manage expectations about what will be done with people’s responses and how much influence they will have on decision-making. Additionally, polls generally offers a snapshot of how people feel at a distinct point in time, but it may be important to understand what people are thinking at various moments throughout a longer-term national process, such as constitution making.

In addition to the above, opinion polls often reinforce the voices of those who have traditionally had a say, whereas those who have been suffering or marginalized for years, especially in conflict situations, may have a lot to say and a need to be listened to more deeply, explained the discussant. “We need to compress the vertical space between the elites and the grassroots, and to be sure we are not just giving people a one-time chance to participate. What we should be doing is helping to open space for dialogue that continues over time. This should be aimed at setting a precedent that citizen engagement is important and that it will continue even after a goal, such as constitution writing, is achieved,” said the discussant.

In the rush to use new technologies, often we forget about more traditional ones like radio, added one Salon participant, who shared an example of using radio and face to face meetings to consult with boys and girls on the Afghan constitution. Another participant suggested we broaden our concept of technology. “A plaza or a public park is actually a technology,” he noted, and these spaces can be conducive to dialogue and conversation. It was highlighted that processes of dialogue between a) national government and the international community and b) national government and citizens, normally happen in parallel and at odds with one another. “National consultations have historically been organized by a centralized unit, but now these kinds of conversations are happening all the time on various channels. How can those conversations be considered part of a national level consultation?” wondered one participant.

Aggregation vs deliberation

There is plenty of research on aggregation versus deliberation, our next discussant pointed out, and we know that the worst way to determine how many beans are in a jar is to deliberate. Aggregation (“crowd sourcing”) is a better way to find that answer. But for a trial, it’s not a good idea to have people vote on whether someone is guilty or not. “Between the jar and the jury trial, however,” he said, “we don’t know much about what kinds of policy issues lend themselves better to aggregation or to deliberation.”

For constitution making, deliberation is probably better, he said. But for budget allocation, it may be that aggregation is better. Research conducted across 132 countries indicated that “technology systematically privileges those who are better educated, male, and wealthier, even if you account for the technology access gaps.” This discussant mentioned that in participatory budgeting, people tend to just give up and let the educated “win” whereas maybe if it were done by a simple vote it would be more inclusive.

One Salon participated noted that it’s possible to combine deliberation and aggregation. “We normally only put things out for a vote after they’ve been identified through a deliberative process,” he said, “and we make sure that there is ongoing consultation.” Others lamented that decision makers often only want to see numbers – how many voted for what – and they do not accept more qualitative consultation results because they usually happen with fewer people participating. “Congress just wants to see numbers.”

Use of technology biases participation towards the elite

Some groups are using alternative methods for participatory democracy work, but the technology space has not thought much about this and relies on self-selection for the most part, said the discussant, and results end up being biased towards wealthier, urban, more educated males. Technology allows us to examine behaviors by looking at data that is registered in systems and to conduct experiments, however those doing these experiments need to be more responsible, and those who do not understand how to conduct research using technology need to be less empirical. “It’s a unique moment to build on what we’ve learned in the past 100 years about participation,” he said. Unfortunately, many working in the field of technology-enabled consultation have not done their research.

These biases towards wealthier, educated, urban males are very visible in Europe and North America, because there is so much connectivity, yet whether online or offline, less educated people participate less in the political process. In ‘developing’ countries, the poor usually participate more than the wealthy, however. So when you start using technology for consultation, you often twist that tendency and end up skewing participation toward the elite. This is seen even when there are efforts to proactively reach out to the poor.

Internal advocacy and an individual’s sense that he or she is capable of making a judgment or influencing an outcome is key for participation, and this is very related to education, time spent in school and access to cultural assets. With those who are traditionally marginalized, these internal assets are less developed and people are less confident. In order to increase participation in consultations, it’s critical to build these internal skills among more marginalized groups.

Combining online and offline public consultations

Our last discussant described how a global public consultation was conducted on a small budget for the Sustainable Development Goals, reaching an incredible 7.5 million people worldwide. Two clear goals of the consultation were that it be inclusive and non-discriminatory. In the end, 49% who voted identified as female, 50% as male and 1% as another gender. Though technology played a huge part in the process, the majority of people who voted used a paper ballot. Others participated using SMS, in locally-run community consultation processes, or via the website. Results from the voting were visualized on a data dashboard/data curation website so that it would be easier to analyze them, promote them, and encourage high-level decision makers to take them into account.

Some of the successful elements of this online/offline process included that transparency was a critical aspect. The consultation technology was created as open source so that those wishing to run their own consultations could open it, modify it, and repackage it however they wanted to suit their local context. Each local partner could manage their own URL and track their own work, and this was motivating to them.

Other key learning was that a conscious effort has to be made to bring in voices of minority groups; investment in training and capacity development was critical for those running local consultations; honesty and transparency about the process (in other words, careful management of expectations); and recognize that there will be highs and lows in the participation cycle (be sensitive to people’s own cycles and available time to participate).

The importance of accountability

Accountability was a key aspect for this process. Member states often did not have time to digest the results of the consultation, and those running it had to find ways to capture the results in short bursts and visually simple graphics so that the consultation results would be used for decision making. This required skill and capacity for not only gathering and generating data but also curating it for the decision-making audience.

It was also important to measure the impact of the consultation – were people’s voices included in the decision-making process and did it make a difference? And were those voices representative of a wide range of people? Was the process inclusive?

Going forward, in order to build on the consultation process and to support the principle of accountability, the initiative will shift focus to become a platform for public participation in monitoring and tracking the implementation of the Sustainable Development Goals.

Political will and responsiveness

A question came up about the interest of decision-makers in actually listening. “Leaders often are not at all interested in what people have to say. They are more concerned with holding onto their power, and if leaders have not agreed to a transparent and open process of consultation, it will not work. You can’t make them listen if they don’t want to. If there is no political will, then the whole consultation process will just be propaganda and window dressing,” one discussant commented. Another Salon participant what can be done to help politicians see the value of listening. “In the US, for example, we have lobbyists, issues groups, PACs, etc., so our politicians are being pushed on and demanded from all sides. If consultation is going to matter, you need to look at the whole system.” “How can we develop tools that can help governments sort through all these pressures and inputs to make good decisions?” wondered one participant.

Another person mentioned Rakesh Rajani’s work, noting that participation is mainly about power. If participation is not part of a wider system change, part of changing power structures, then using technology for participation is just a new tool to do the same old thing. If the process is not transparent and accountable, or if you engage and do not deliver anything based on the engagement, then you will lose future interest to engage.

Responsiveness was also raised. How many of these tech-fueled participation processes have led to governments actually changing, doing something different? One discussant said that evidence of impact of ICT-enabled participation processes was found in only 25 cases, and of those only 5 could show any kind of impact. All the others had very unclear impact – it was ambiguous. Did using ICTs make a difference? There was really no evidence of any. Another commented that clearly technology will only help if government is willing and able to receive consultation input and act on it. We need to find ways to help governments to do that, noted another person.

As always, conversation could have continued on for quite some time but our 2 hours was up. For more on ICTs and public consultations, here is a short list of resources that we compiled. Please add any others that would be useful! And as a little plug for a great read on technology and its potential in development and political work overall, I highly recommend checking out Geek Heresy: Rescuing Social Change from the Cult of Technology from Kentaro Toyama. Kentaro’s “Law of Amplification” is quite relevant in the space of technology-enabled participation, in that technology amplifies existing human behaviors and tendencies, and benefits those who are already primed to benefit while excluding those who have been traditionally excluded. Hopefully we’ll get Kentaro in for a Tech Salon in the Fall!

Thanks to our lead discussants, Michele, Tiago and Ravi, and to Thoughtworks for their generous hosting of the Salon! Salons are conducted under Chatham House Rule so no attribution has been made in this post. Sign up here if you’d like to receive Technology Salon invitations.

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So, here’s a good post called “Dear White Protesters” from Tam who writes on Tumblr as Young, Gifted and Black. It’s aimed at white folks protesting the grand jury decisions on the Michael Brown and Eric Garner cases and in general at white people who want to be allies in the struggle against structural violence and discrimination against black people and racist policing.

Tam specifically talks about the protests that happened in Berkeley on December 6th, writing:

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I was so happy to read Tam’s post, because I was in Berkeley last week, too, and the protesters were assembled in front of the police station down the street from where I was staying. I went over there around 6.30 because I wanted to join in, and I was missing the protests in New York because of travel. At that point in the evening, the situation was peaceful. The cops were lined up in front of the police station in riot gear, and people were calmly standing around or sitting on the ground singing, “Which side are you on? Which side are you on?” Later, I hear, the protests got crazy and there were rubber bullets, tear gas, windows smashed with skateboards, and tasers.

As I arrived to the police station, however, it was people milling around, getting ready for a ‘die in.’ They started lying down in the street. And I was not sure what to do. I wanted to support the movement and guessed that I should also lie down. But the protest seemed a bit ‘off.’ I hardly saw a black person there. The sign saying “Fuck the Police” covering the body of a hipster white girl lying in the street felt about as real as when middle class white people rap along with the 1988 N.W.A. song by the same name. (OK, confession. I do that. But not in public, and not to make a statement.)

Anyway, the whole thing made me feel confused about what I and others were doing there, so I left, feeling that maybe I was just getting old. I felt like I was not doing enough, but I also felt unable to participate in something that seemed somehow false. As I walked over to the BART station to catch a train, I couldn’t help but notice the group of older black homeless men at the park a half a block away from the police station. I couldn’t help but think of the black man with a shopping cart that I witnessed police harassing earlier that week on a suburban side street in Berkeley. None of them were engaged with this student protest. And I couldn’t help but feel awkward for the protesters who in their zeal to protest, somehow seemed oblivious to their surroundings and their privilege.

It’s possible that later on the protest became different and more diverse, and in that case I will retract these words and feel better, I guess. But I was glad to read Tam’s post. I was having a hard time unpacking my own reactions to the Berkeley protest, and Tam’s analysis illuminated what was wrong. It’s important to have allies in all struggles, but allies need to learn to take a back seat, understand their role, and follow the lead of those whose struggle it is.

Tam gives advice on how:

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As Franchesca Ramsey also says: “An ally’s job is to support.” Watch her video (below) on how to do that, and read Tam’s full post for some good insight.

Ramsey’s 5 Tips for Being a Good Ally include:

1. Understand your privilege.
2. Listen, do your homework.
3. Speak up, not over.
4. Apologize when you make mistakes and learn from them.
5. Saying you’re an ally is not enough.

Lastly, a few months ago I read this post about Imani Henry and Equality for Flatbush, who organizes people (of all colors) in the community where I live around issues of gentrification, racial tension, and discrimination against black and brown people by law enforcement. Henry says many of the same things (read that whole article too – it’s really insightful).

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There are a lots of places for white people to listen and learn how to be better allies, and opportunities to put that learning into practice. Understanding our own privilege is a critical task, and it’s hard. These are all lifelong learning pathways, and as Ramsey says, we’ll make mistakes. It’s part of the process of changing and shifting the balance of power to a more just one. It won’t happen overnight, but we shouldn’t give up just because we feel awkward and uncertain.

So go to protests, get involved, know and exercise your rights to dissent and assemble, show solidarity. This movement needs everyone to get on board. Like Fannie Lou Hamer said: ‘Nobody’s free until everybody’s free’. But as white people, we need to think through our participation, join as allies, and avoid making it about us.

 

 

 

 

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Today as we jump into the M&E Tech conference in DC (we’ll also have a Deep Dive on the same topic in NYC next week), I’m excited to share a report I’ve been working on for the past year or so with Michael Bamberger: Emerging Opportunities in a Tech-Enabled World.

The past few years have seen dramatic advances in the use of hand-held devices (phones and tablets) for program monitoring and for survey data collection. Progress has been slower with respect to the application of ICT-enabled devices for program evaluation, but this is clearly the next frontier.

In the paper, we review how ICT-enabled technologies are already being applied in program monitoring and in survey research. We also review areas where ICTs are starting to be applied in program evaluation and identify new areas in which new technologies can potentially be applied. The technologies discussed include hand-held devices for quantitative and qualitative data collection and analysis, data quality control, GPS and mapping devices, environmental monitoring, satellite imaging and big data.

While the technological advances and the rapidly falling costs of data collection and analysis are opening up exciting new opportunities for monitoring and evaluation, the paper also cautions that more attention should be paid to basic quality control questions that evaluators normally ask about representativity of data and selection bias, data quality and construct validity. The ability to use techniques such as crowd sourcing to generate information and feedback from tens of thousands of respondents has so fascinated researchers that concerns about the representativity or quality of the responses have received less attention than is the case with conventional instruments for data collection and analysis.

Some of the challenges include the potential for: selectivity bias and sample design, M&E processes being driven by the requirements of the technology and over-reliance on simple quantitative data, as well as low institutional capacity to introduce ICT and resistance to change, and issues of privacy.

None of this is intended to discourage the introduction of these technologies, as the authors fully recognize their huge potential. One of the most exciting areas concerns the promotion of a more equitable society through simple and cost-effective monitoring and evaluation systems that give voice to previously excluded sectors of the target populations; and that offer opportunities for promoting gender equality in access to information. The application of these technologies however needs to be on a sound methodological footing.

The last section of the paper offers some tips and ideas on how to integrate ICTs into M&E practice and potential pitfalls to avoid. Many of these were drawn from Salons and discussions with practitioners, given that there is little solid documentation or evidence related to the use of ICTs for M&E.

Download the full paper here! 

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Screen Shot 2014-05-08 at 9.36.00 AMDebate and thinking around data, ethics, ICT have been growing and expanding a lot lately, which makes me very happy!

Coming up on May 22 in NYC, the engine room, Hivos, the Berkman Center for Internet and Society, and Kurante (my newish gig) are organizing the latest in a series of events as part of the Responsible Data Forum.

The event will be hosted at ThoughtWorks and it is in-person only. Space is limited, so if you’d like to join us, let us know soon by filling in this form. 

What’s it all about?

This particular Responsible Data Forum event is an effort to map the ethical, legal, privacy and security challenges surrounding the increased use and sharing of data in development programming. The Forum will aim to explore the ways in which these challenges are experienced in project design and implementation, as well as when project data is shared or published in an effort to strengthen accountability. The event will be a collaborative effort to begin developing concrete tools and strategies to address these challenges, which can be further tested and refined with end users at events in Amsterdam and Budapest.

We will explore the responsible data challenges faced by development practitioners in program design and implementation.

Some of the use cases we’ll consider include:

  • projects collecting data from marginalized populations, aspiring to respect a do no harm principle, but also to identify opportunities for informational empowerment
  • project design staff seeking to understand and manage the lifespan of project data from collection, through maintenance, utilization, and sharing or destruction.
  • project staff that are considering data sharing or joint data collection with government agencies or corporate actors
  • project staff who want to better understand how ICT4D will impact communities
  • projects exploring the potential of popular ICT-related mechanisms, such as hackathons, incubation labs or innovation hubs
  • projects wishing to use development data for research purposes, and crafting responsible ways to use personally identifiable data for academic purposes
  • projects working with children under the age of 18, struggling to balance the need for data to improve programming approaches, and demand higher levels of protection for children

By gathering a significant number of development practitioners grappling with these issues, the Forum aims to pose practical and critical questions to the use of data and ICTs in development programming. Through collaborative sessions and group work, the Forum will identify common pressing issues for which there might be practical and feasible solutions. The Forum will focus on prototyping specific tools and strategies to respond to these challenges.

What will be accomplished?

Some outputs from the event may include:

  • Tools and checklists for managing responsible data challenges for specific project modalities, such as sms surveys, constructing national databases, or social media scraping and engagement.
  • Best practices and ethical controls for data sharing agreements with governments, corporate actors, academia or civil society
  • Strategies for responsible program development
  • Guidelines for data-driven projects dealing with communities with limited representation or access to information
  • Heuristics and frameworks for understanding anonymity and re-identification of large development data sets
  • Potential policy interventions to create greater awareness and possibly consider minimum standards

Hope to see some of you on the 22nd! Sign up here if you’re interested in attending, and read more about the Responsible Data Forum here.

 

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Last week’s Technology Salon New York City touched on ethics in technology for democracy initiatives. We heard from lead discussants Malavika Jayaram, Berkman Center for Internet and SocietyIvan Sigal, Global Voices; and Amilcar Priestley, Afrolatin@ Project. Though the topic was catalyzed by the Associated Press’ article on ‘Zunzuneo’ (a.k.a. ‘Cuban Twitter’) and subsequent discussions in the press and elsewhere, we aimed to cover some of the wider ethical issues encountered by people and organizations who implement technology for democracy programs.

Salons are off the record spaces, so no attribution is made in this post, but I’ve summarized the discussion points here:

First up: Zunzuneo

The media misinterpreted much of the Zunzuneo story. Zunzuneo was not a secret mission, according to one Salon participant, as it’s not in the remit of USAID to carry out covert operations. The AP article conflated a number of ideas regarding how USAID works and the contracting mechanisms that were involved in this case, he said. USAID and the Office of Transition Initiatives (OTI) frequently disguise members, organizations, and contractors that work for it on the ground for security reasons. (See USAID’s side of the story here). This may still be an ethical question, but it is not technically “spying.” The project was known within the OTI and development community, but on a ‘need to know’ basis. It was not a ‘fly by night’ operation; it was more a ‘quietly and not very effectively run project.’

There were likely ethics breaches in Zunzuneo, from a legal standpoint. It’s not clear whether the data and phone numbers collected from the Cuban public for the project were obtained in a legal or ethical way. Some reports say they were obtained through a mid-level employee (a “Cuban engineer who had gotten the phone list” according to the AP article). (Note: I spoke separately to someone close to the project who told me that user opt-in/opt-out and other standard privacy protocols were in place). It’s also not entirely clear whether, as the AP states, the user information collected was being categorized into segments who were loyal or disloyal to the Cuban government, information which could put users at risk if found out.

Zunzuneo took place in a broader historical and geo-political context. As one person put it, the project followed Secretary Clinton’s speeches on Internet Freedom. There was a rush to bring technology into the geopolitical space, and ‘the articulation of why technology was important collided with a bureaucratic process in USAID and the State Department (the ‘F process’) that absorbed USAID into the State Department and made development part of the State Department’s broader political agenda.’ This agenda had been in the works for quite some time, and was part of a wider strategy of quietly moving into development spaces and combining development, diplomacy, intelligence and military (defense), the so-called 3 D’s.

Implementers failed to think through good design, ethics and community aspects of the work. In a number of projects of this type, the idea was that if you give people technology, they will somehow create bottom up pressure for political social change. As one person noted, ‘in the Middle East, as a counter example, the tech was there to enable and assist people who had spent 8-10 years building networks. The idea that we can drop tech into a space and an uprising will just happen and it will coincidentally push the US geopolitical agenda is a fantasy.’ Often these kinds of programs start with a strategic communications goal that serves a political end of the US Government. They are designed with the idea that a particular input equals some kind of a specific result down the chain. The problem comes when the people doing the seeding of the ideas and inputs are not familiar with the context they will be operating in. They are injecting inputs into a space that they don’t understand. The bigger ethical question is: Why does this thought process prevail in development? Much of that answer is found in US domestic politics and the ways that initiatives get funded.

Zunzuneo was not a big surprise for Afrolatino organizations. According to one discussant, Afrolatino organizations were not surprised when the Zunzuneo article came out, given the geopolitical history and the ongoing presence of the US in Latin America. Zunzuneo was seen as a 21st Century version of what has been happening for decades. Though it was criticized, it was not seen as particularly detrimental. Furthermore, the Afrolatino community (within the wider Latino community) has had a variety of relationships with the US over time – for example, some Afrolatino groups supported the Contras. Many Afrolatino groups have felt that they were not benefiting overall from the mestizo governments who have held power. In addition, much of Latin America’s younger generation is less tainted by the Cold War mentality, and does not see US involvement in the region as necessarily bad. Programs like Zunzuneo come with a lot of money attached, so often wider concerns about their implications are not in the forefront because organizations need to access funding. Central American and Caribbean countries are only just entering into a phase of deeper analysis of digital citizenship, and views and perceptions on privacy are still being developed.

Perceptions of privacy

There are differences in perception when it comes to privacy and these perceptions are contextual. They vary within and across countries and communities based on age, race, gender, economic levels, comfort with digital devices, political perspective and past history. Some older people, for example, are worried about the privacy violation of having their voice or image recorded, because the voice, image and gaze hold spiritual value and power. These angles of privacy need to be considered as we think through what privacy means in different contexts and adapt our discourse accordingly.

Privacy is hard to explain, as one discussant said: ‘There are not enough dead bodies yet, so it’s hard to get people interested. People get mad when the media gets mad, and until an issue hits the media, it may go unnoticed. It’s very hard to conceptualize the potential harm from lack of privacy. There may be a chilling effect but it’s hard to measure. The digital divide comes in as well, and those with less exposure may have trouble understanding devices and technology. They will then have even greater trouble understanding beyond the device to data doubles, disembodied information and de-anonymization, which are about 7 levels removed from what people can immediately see. Caring a lot about privacy can get you labeled as paranoid or a crazy person in many places.’

Fatalism about privacy can also hamper efforts. In the developing world, many feel that everything is corrupt and inept, and that there is no point in worrying about privacy and security. ‘Nothing ever works anyway, so even if the government wanted to spy on us, they’d screw it up,’ is the feeling. This is often the attitude of human rights workers and others who could be at greatest risk from privacy breaches or data collection, such as that which was reportedly happening within Zunzuneo. Especially among populations and practitioners who have less experience with new technologies and data, this can create large-scale risk.

Intent, action, context and consequences

Good intentions with little attention to privacy vs data collection with a hidden political agenda. Where are the lines when data that are collected for a ‘good cause’ (for example, to improve humanitarian response) might be used for a different purpose that puts vulnerable people at risk? What about data that are collected with less altruistic intentions? What about when the two scenarios overlap? Data might be freely given or collected in an emergency that would be considered a privacy violation in a ‘development’ setting, or the data collection may lead to a privacy violation post-emergency. Often, slapping the ‘obviously good and unarguably positive’ label of ‘Internet freedom’ on something implies that it’s unquestionably positive when it may in fact be part of a political agenda with a misleading label. There is a long history of those with power collecting data that helps them understand and/or control those with less power, as one Salon participant noted, and we need to be cognizant of that when we think about data and privacy.

US Government approaches to political development often take an input/output approach, when, in fact, political development is not the same as health development. ‘In political work, there is no clear and clean epidemiological goal we are trying to reach,’ noted a Salon participant. Political development is often contentious and the targets and approaches are very different than those of health. When a health model and rhetoric is used to work on other development issues, it is misleading. The wholesale adoption of these kinds of disease model approaches leaves people and communities out of the decision making process about their own development. Similarly, the rhetoric of strategic communications and its inclusion into the development agenda came about after the War on Terror, and it is also a poor fit for political development. The rhetoric of ‘opening’ and ‘liberating’ data is similar. These arguments may work well for one kind of issue, but they are not transferable to a political agenda. One Salon participant pointed out the rhetoric of the privatization model also, and explained that a profound yet not often considered implication of the privatization of services is that once a service passes over to the private sector, the Freedom of Information Act (FOIA) does not apply, and citizens and human rights organizations lose FOIA as a tool. Examples included the US prison system and the Blackwater case of several years ago.

It can be confusing for implementers to know what to do, what tools to use, what funding to accept and when it is OK to bring in an outside agenda. Salon participants provided a number of examples where they had to make choices and felt ethics could have been compromised. Is it OK to sign people up on Facebook or Gmail during an ICT and education project, given these companies’ marketing and privacy policies? What about working on aid transparency initiatives in places where human rights work or crime reporting can get people killed or individual philanthropists/donors might be kidnapped or extorted? What about a hackathon where the data and solutions are later given to a government’s civilian-military affairs office? What about telling LGBT youth about a social media site that encourages LGBT youth to connect openly with one another (in light of recent harsh legal penalties against homosexuality)? What about employing a user-centered design approach for a project that will eventually be overlaid on top of a larger platform, system or service that does not pass the privacy litmus test? Is it better to contribute to improving healthcare while knowing that your software system might compromise privacy and autonomy because it sits on top of a biometric system, for example? Participants at the Salon face these ethical dilemmas every day, and as one person noted, ‘I wonder if I am just window dressing something that will look and feel holistic and human-centered, but that will be used to justify decisions down the road that are politically negative or go against my values.’ Participants said they normally rely on their own moral compass, but clearly many Salon participants are wrestling with the potential ethical implications of their actions.

What we can do? Recommendations from Salon participants

Work closely with and listen to local partners, who should be driving the process and decisions. There may be a role for an outside perspective, but the outside perspective should not trump the local one. Inculcate and support local communities to build their own tools, narratives, and projects. Let people set their own agendas. Find ways to facilitate long-term development processes around communities rather than being subject to agendas from the outside.

Consider this to be ICT for Discrimination and think in every instance and every design decision about how to dial down discrimination. Data lead to sorting, and data get lumped into clusters. Find ways during the design process to reduce the discrimination that will come from that sorting and clustering process. The ‘Do no harm’ approach is key. Practitioners and designers should also be wary of the automation of development and the potential for automated decisions to be discriminatory.

Call out hypocrisy. Those of us who sit at Salons or attend global meetings hold tremendous privilege and power as compared to most of the rest of the world. ‘It’s not landless farmers or disenfranchised young black youth in Brazil who get to attend global meetings,’ said one Salon attendee. ‘It’s people like us. We need to be cognizant of the advantage we have as holders of power.’ Here in the US, the participant added, we need to be more aware of what private sector US technology companies are doing to take advantage of and maintain their stronghold in the global market and how the US government is working to allow US corporations to benefit disproportionately from the current Internet governance structure.

Use a rights-based approach to data and privacy to help to frame these issues and situations. Disclosure and consent are sometimes considered extraneous, especially in emergency situations. People think ‘this might be the only time I can get into this disaster or conflict zone, so I’m going to Hoover up as much data as possible without worrying about privacy.’ On the other hand, sometimes organizations are paternalistic and make choices for people about their own privacy. Consent and disclosure are not new issues; they are merely manifested in new ways as new technology changes the game and we cannot guarantee anonymity or privacy any more for research subjects. There is also a difference between information a person actively volunteers and information that is passively collected and used without a person’s knowledge. Framing privacy in a human rights context can help place importance on both processes and outcomes that support people’s rights to control their own data and that increase empowerment.

Create a minimum standard for privacy. Though we may not be able to determine a ceiling for privacy, one Salon participant said we should at least consider a floor or a minimum standard. Actors on the ground will always feel that privacy standards are a luxury because they have little know-how and little funding, so creating and working within an ethical standard should be a mandate from donors. The standard could be established as an M&E criterion.

Establish an ethics checklist to decide on funding sources and create policies and processes that help organizations to better understand how a donor or sub-donor would access and/or use data collected as part of a project or program they are funding. This is not always an easy solution, however, especially for cash-strapped local organizations. In India, for example, organizations are legally restricted from receiving certain types of funding based on government concerns that external agencies are trying to bring in Western democracy and Western values. Local organizations have a hard time getting funding for anti-censorship or free speech efforts. As one person at the Salon said, ‘agencies working on the ground are in a bind because they can’t take money from Google because it’s tainted, they can’t take money from the State Department because it’s imperialism and they can’t take money from local donors because there are none.’

Use encryption and other technology solutions. Given the low levels of understanding and awareness of these tools, more needs to be done so that more organizations learn how to use them, and they need to be made simpler, more accessible and user-friendly. ‘Crypto Parties’ can help get organizations familiar with encryption and privacy, but better outreach is needed so that organizations understand the relevance of encryption and feel welcome in tech-heavy environments.

Thanks to participants and lead discussants for the great discussions and to ThoughtWorks for hosting us at their offices!

 If you’d like to attend future Salons, sign up here!

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As Tom over at Humanosphere wrote a few days ago, there’s a cool initiative happening at Sheffield University that seeks to develop a global research agenda related to the post-2015 sustainable development goals process. (Disclaimer, I’m part of the steering committee.)

ID100: The Hundred Most Important Questions in International Development asks individuals and organizations from across policy, practice and academia to submit questions that address the world’s biggest environmental, political and socioeconomic problems. These will then be shortlisted down to a final set of 100 questions following a debate and voting process with representatives from development organizations and academia who will meet in July 2014. 

The final list of questions will be published as policy report and in a leading academic journal. More on the consultation methodology here. Similar crowdsourced priority-setting exercises have worked in biodiversity conservation, food security and other areas, and they have been instrumental in framing global research priorities for policy development and implementation.

Screen Shot 2014-03-07 at 3.36.06 AMAnyone can submit up to five questions related to key issues in international development that require more exploration. You are encouraged to involve colleagues in the formulation of these questions.

Please submit your questions by March 25th – and check the submission guidelines before formulating questions. More information on the project can be accessed on the ID100 website. Hashtag: #ID100.

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