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Das Wesensgehaltsargument und der Grundsatz der Verhältnismäßigkeit (Forschungen aus Staat und Recht #94)

by Manfred Stelzer

Die Wesensgehaltsrechtsprechung des Verfassungsgerichtshofes be­ schaftigte mich durch geraurne Zeit. Bereits im Friihherbst 1984 durfie ich im Rahmen einer Tagung der Osterreichischen Juristenkommission in WeiBenbach/ Attersee einen Vortrag zu diesem Thema halten. In dem wei­ testgehend auf die Analyse der J udikatur beschriinkten Referat hatte ich gemeint, daB die Annahme einer Wesensgehaltssperre in Wahrheit auf die Forderung hinauslaufen wiirde, daB Grundrechtseingriffe dem Gebot der VerhiiltnismiiBigkeit entsprechen mii6ten. Die weitere Entwicklung der Rechtsprechung, die ich vom Mlirz 1985 bis August 1986 als wissenschaftli­ cher Mitarbeiter im Verfassungsgerichtshof gleichsam "hautnah" erleben durfie, besHitigte Meine damalige Prognose. Das Interesse, das dem unver­ offentlichten Vortragsmanuskript entgegengebracht wurde sowie manche Ungereimtheiten in der Rechtsprechung und ihr auffiilliges Begriindungs­ defizit bestlirkten mich darin, das Thema nochmals und ausfiihrlicher zu behandeln. Die vorliegende Studie ist von dem Bemiihen getragen, die Verhiiltnis­ maBigkeitsrechtsprechung auf eine taugliche Grundlage zu stellen. Sie ver­ steht sich dabei als Diskussionsbeitrag und beansprucht nicht, alle aufge­ worfenen Probleme gelost zu haben. Der Zielsetzung gemiiB werden uber weite Strecken grundsatzliche Fragen behandelt, weshalb nicht uberall so­ fort dogmatisch greifbare Ergebnisse erwartet werden konnen. Solche mussen der weiteren Auseinandersetzung vorbehalten bleiben. Ich hoffe aber, daB diese urn so ergiebiger ist, je klarer ihre Grundlagen formuliert sind.

Das Wildschongesetz vom 14. Juli 1904

by Julius Springer

Das Wissen des Aufsichtsrats

by Richard Heinrichs

Gegenstand dieses Buches ist die Zurechnung des Wissens der Aufsichtsratsmitglieder einer deutschen AG. Hierbei handelt es sich um eine für die Praxis äußerst aktuelle Problematik, die dem komplexen und in der Rechtswissenschaft hoch umstrittenen Gebiet der Wissenszurechnung bei juristischen Personen angehört. Da die Thematik rund um das Wissen des Aufsichtsrats nicht ohne ein Grundverständnis der Wissenszurechnung im Ganzen analysiert werden kann, arbeitet der Autor zunächst die Entwicklungen dieses Rechtsinstituts auf und geht dabei insbesondere auf ungeklärte Aspekte ein, die an späterer Stelle für den Aufsichtsrat von Bedeutung sind. Hierauf folgt eine Untersuchung aller rechtlichen und tatsächlichen Entwicklungen des Aufsichtsorgans in den letzten Jahrzehnten, die für die Wissenszurechnung relevant sind und deren Berücksichtigung in der Literatur bislang ausblieb. Das auf dieser Grundlage vom Autor entwickelte Lösungsmodell bietet der Praxis ein eingängiges Instrument, welches nicht nur auf das Wissen des Aufsichtsrats anwendbar ist, sondern nahezu alle denkbaren Konstellationen der zivilrechtlichen Wissenszurechnung einbezieht.

Data: New Trajectories in Law (New Trajectories in Law)

by Robert Herian

This book explores the phenomenon of data – big and small – in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the ‘personal’ in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book’s concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

Data: New Trajectories in Law (New Trajectories in Law)

by Robert Herian

This book explores the phenomenon of data – big and small – in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the ‘personal’ in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book’s concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.

Data and Applications Security and Privacy XXX: 30th Annual IFIP WG 11.3 Conference, DBSec 2016, Trento, Italy, July 18-20, 2016. Proceedings (Lecture Notes in Computer Science #9766)

by Silvio Ranise Vipin Swarup

This book constitutes the refereed proceedings of the 30th Annual IFIP WG 11.3 International Working Conference on Data and Applications Security and Privacy, DBSec 2016, held in trento, Itlay, in July 2016. The 17 full papers and 7 short papers presented were carefully reviewed and selected from 54 submissions. Their topics cover a wide range of data and application security and privacy problems including those of mobile devices, collaborative systems, databases, big data, virtual systems, cloud computing, and social networks. The program also included twoinvited talks.

Data and Applications Security and Privacy XXXII: 32nd Annual IFIP WG 11.3 Conference, DBSec 2018, Bergamo, Italy, July 16–18, 2018, Proceedings (Lecture Notes in Computer Science #10980)

by Florian Kerschbaum Stefano Paraboschi

This book constitutes the refereed proceedings of the 32nd Annual IFIP WG 11.3 International Working Conference on Data and Applications Security and Privacy, DBSec 2018, held in Bergamo, Italy, in July 2018. The 16 full papers and 5 short papers presented were carefully reviewed and selected from 50 submissions. The papers present high-quality original research from academia, industry, and government on theoretical and practical aspects of information security. They are organized in topical sections on administration, access control policies, privacy-preserving access and computation, integrity and user interaction, security analysis and private evaluation, fixing vulnerabilities, and networked systems.

Data and Private Law (Hart Studies in Private Law)

by Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson

This collection examines one of the fastest growing fields of regulation: data rights.The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.

Data and Private Law (Hart Studies in Private Law)


This collection examines one of the fastest growing fields of regulation: data rights.The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.

Data at the Boundaries of European Law (Collected Courses of the Academy of European Law)

by Deirdre Curtin and Mariavittoria Catanzariti

Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law such as criminal law, migration law, and intellectual property law. As a result, this book occupies a distinctive place in the debate on digital law that goes beyond the various silos of knowledge of particular legal disciplines. The issues addressed in this book are of interest to a global readership. They grapple with a number of the difficult themes of our times as applied to private and public actors and their (future) regulation in a manner that is relevant not just in Europe but worldwide.

Data at the Boundaries of European Law (Collected Courses of the Academy of European Law)


Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law such as criminal law, migration law, and intellectual property law. As a result, this book occupies a distinctive place in the debate on digital law that goes beyond the various silos of knowledge of particular legal disciplines. The issues addressed in this book are of interest to a global readership. They grapple with a number of the difficult themes of our times as applied to private and public actors and their (future) regulation in a manner that is relevant not just in Europe but worldwide.

Data-Based Child Advocacy: Using Statistical Indicators to Improve the Lives of Children (SpringerBriefs in Well-Being and Quality of Life Research #0)

by William P. O'Hare

This book locates, organizes and summarizes information about the use of child indicators in an advocacy context. It provides a conceptual framework that allows readers to see a wide variety of work as part of a unified field. It provides a description of key concepts and illustrates these concepts by offering many examples from a range of countries and a wide variety of applications. It covers work from governments, non-governmental organization and academics. It describes such aspects as the use of data to educate and increase public awareness, as well as to monitor, set goals and evaluate programs serving children. A growing number of organizations and people are focusing on measuring and monitoring the well-being of children and these child well-being data are often employed in ways that go beyond what is typically considered scholarship. Many of these applications involve some type of advocacy activity. Yet, there is very little in the literature about the use of child indicators in an advocacy context. This book provides a framework for scholars in a variety of disciplines that will help them to structure their thinking about the use of such indicators in a public context.

Data Breach Preparation and Response: Breaches are Certain, Impact is Not

by Kevvie Fowler

Data Breach Preparation and Response: Breaches are Certain, Impact is Not is the first book to provide 360 degree visibility and guidance on how to proactively prepare for and manage a data breach and limit impact. Data breaches are inevitable incidents that can disrupt business operations and carry severe reputational and financial impact, making them one of the largest risks facing organizations today. The effects of a breach can be felt across multiple departments within an organization, who will each play a role in effectively managing the breach. Kevvie Fowler has assembled a team of leading forensics, security, privacy, legal, public relations and cyber insurance experts to create the definitive breach management reference for the whole organization. Discusses the cyber criminals behind data breaches and the underground dark web forums they use to trade and sell stolen dataFeatures never-before published techniques to qualify and discount a suspected breach or to verify and precisely scope a confirmed breachHelps identify your sensitive data, and the commonly overlooked data sets that, if stolen, can result in a material breach Defines breach response plan requirements and describes how to develop a plan tailored for effectiveness within your organizationExplains strategies for proactively self-detecting a breach and simplifying a responseCovers critical first-responder steps and breach management practices, including containing a breach and getting the scope right, the first timeShows how to leverage threat intelligence to improve breach response and management effectivenessOffers guidance on how to manage internal and external breach communications, restore trust, and resume business operations after a breach, including the critical steps after the breach to reduce breach-related litigation and regulatory finesIllustrates how to define your cyber-defensible position to improve data protection and demonstrate proper due diligence practices

Data Cartels: The Companies That Control and Monopolize Our Information

by Sarah Lamdan

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.

Data Cartels: The Companies That Control and Monopolize Our Information

by Sarah Lamdan

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.

Data Conscience: Algorithmic Siege on our Humanity

by Brandeis Hill Marshall

DATA CONSCIENCE ALGORITHMIC S1EGE ON OUR HUM4N1TY EXPLORE HOW D4TA STRUCTURES C4N HELP OR H1NDER SOC1AL EQU1TY Data has enjoyed ‘bystander’ status as we’ve attempted to digitize responsibility and morality in tech. In fact, data’s importance should earn it a spot at the center of our thinking and strategy around building a better, more ethical world. It’s use—and misuse—lies at the heart of many of the racist, gendered, classist, and otherwise oppressive practices of modern tech. In Data Conscience: Algorithmic Siege on our Humanity, computer science and data inclusivity thought leader Dr. Brandeis Hill Marshall delivers a call to action for rebel tech leaders, who acknowledge and are prepared to address the current limitations of software development. In the book, Dr. Brandeis Hill Marshall discusses how the philosophy of “move fast and break things” is, itself, broken, and requires change. You’ll learn about the ways that discrimination rears its ugly head in the digital data space and how to address them with several known algorithms, including social network analysis, and linear regression A can’t-miss resource for junior-level to senior-level software developers who have gotten their hands dirty with at least a handful of significant software development projects, Data Conscience also provides readers with: Discussions of the importance of transparency Explorations of computational thinking in practice Strategies for encouraging accountability in tech Ways to avoid double-edged data visualization Schemes for governing data structures with law and algorithms

Data Conscience: Algorithmic Siege on our Humanity

by Brandeis Hill Marshall

DATA CONSCIENCE ALGORITHMIC S1EGE ON OUR HUM4N1TY EXPLORE HOW D4TA STRUCTURES C4N HELP OR H1NDER SOC1AL EQU1TY Data has enjoyed ‘bystander’ status as we’ve attempted to digitize responsibility and morality in tech. In fact, data’s importance should earn it a spot at the center of our thinking and strategy around building a better, more ethical world. It’s use—and misuse—lies at the heart of many of the racist, gendered, classist, and otherwise oppressive practices of modern tech. In Data Conscience: Algorithmic Siege on our Humanity, computer science and data inclusivity thought leader Dr. Brandeis Hill Marshall delivers a call to action for rebel tech leaders, who acknowledge and are prepared to address the current limitations of software development. In the book, Dr. Brandeis Hill Marshall discusses how the philosophy of “move fast and break things” is, itself, broken, and requires change. You’ll learn about the ways that discrimination rears its ugly head in the digital data space and how to address them with several known algorithms, including social network analysis, and linear regression A can’t-miss resource for junior-level to senior-level software developers who have gotten their hands dirty with at least a handful of significant software development projects, Data Conscience also provides readers with: Discussions of the importance of transparency Explorations of computational thinking in practice Strategies for encouraging accountability in tech Ways to avoid double-edged data visualization Schemes for governing data structures with law and algorithms

Data Driven: Truckers, Technology, and the New Workplace Surveillance

by Karen Levy

A behind-the-scenes look at how digital surveillance is affecting the trucking way of lifeLong-haul truckers are the backbone of the American economy, transporting goods under grueling conditions and immense economic pressure. Truckers have long valued the day-to-day independence of their work, sharing a strong occupational identity rooted in a tradition of autonomy. Yet these workers increasingly find themselves under many watchful eyes. Data Driven examines how digital surveillance is upending life and work on the open road, and raises crucial questions about the role of data collection in broader systems of social control.Karen Levy takes readers inside a world few ever see, painting a bracing portrait of one of the last great American frontiers. Federal regulations now require truckers to buy and install digital monitors that capture data about their locations and behaviors. Intended to address the pervasive problem of trucker fatigue by regulating the number of hours driven each day, these devices support additional surveillance by trucking firms and other companies. Traveling from industry trade shows to law offices and truck-stop bars, Levy reveals how these invasive technologies are reconfiguring industry relationships and providing new tools for managerial and legal control—and how truckers are challenging and resisting them.Data Driven contributes to an emerging conversation about how technology affects our work, institutions, and personal lives, and helps to guide our thinking about how to protect public interests and safeguard human dignity in the digital age.

Data-Driven Law: Data Analytics and the New Legal Services (Data Analytics Applications)

by Ed Walters

For increasingly data-savvy clients, lawyers can no longer give "it depends" answers rooted in anecdata. Clients insist that their lawyers justify their reasoning, and with more than a limited set of war stories. The considered judgment of an experienced lawyer is unquestionably valuable. However, on balance, clients would rather have the considered judgment of an experienced lawyer informed by the most relevant information required to answer their questions. Data-Driven Law: Data Analytics and the New Legal Services helps legal professionals meet the challenges posed by a data-driven approach to delivering legal services. Its chapters are written by leading experts who cover such topics as: Mining legal data Computational law Uncovering bias through the use of Big Data Quantifying the quality of legal services Data mining and decision-making Contract analytics and contract standards In addition to providing clients with data-based insight, legal firms can track a matter with data from beginning to end, from the marketing spend through to the type of matter, hours spent, billed, and collected, including metrics on profitability and success. Firms can organize and collect documents after a matter and even automate them for reuse. Data on marketing related to a matter can be an amazing source of insight about which practice areas are most profitable. Data-driven decision-making requires firms to think differently about their workflow. Most firms warehouse their files, never to be seen again after the matter closes. Running a data-driven firm requires lawyers and their teams to treat information about the work as part of the service, and to collect, standardize, and analyze matter data from cradle to grave. More than anything, using data in a law practice requires a different mindset about the value of this information. This book helps legal professionals to develop this data-driven mindset.

Data-Driven Law: Data Analytics and the New Legal Services (Data Analytics Applications)

by Edward J. Walters

For increasingly data-savvy clients, lawyers can no longer give "it depends" answers rooted in anecdata. Clients insist that their lawyers justify their reasoning, and with more than a limited set of war stories. The considered judgment of an experienced lawyer is unquestionably valuable. However, on balance, clients would rather have the considered judgment of an experienced lawyer informed by the most relevant information required to answer their questions. Data-Driven Law: Data Analytics and the New Legal Services helps legal professionals meet the challenges posed by a data-driven approach to delivering legal services. Its chapters are written by leading experts who cover such topics as: Mining legal data Computational law Uncovering bias through the use of Big Data Quantifying the quality of legal services Data mining and decision-making Contract analytics and contract standards In addition to providing clients with data-based insight, legal firms can track a matter with data from beginning to end, from the marketing spend through to the type of matter, hours spent, billed, and collected, including metrics on profitability and success. Firms can organize and collect documents after a matter and even automate them for reuse. Data on marketing related to a matter can be an amazing source of insight about which practice areas are most profitable. Data-driven decision-making requires firms to think differently about their workflow. Most firms warehouse their files, never to be seen again after the matter closes. Running a data-driven firm requires lawyers and their teams to treat information about the work as part of the service, and to collect, standardize, and analyze matter data from cradle to grave. More than anything, using data in a law practice requires a different mindset about the value of this information. This book helps legal professionals to develop this data-driven mindset.

Data Ethics: Practical Strategies for Implementing Ethical Information Management and Governance

by Katherine O'Keefe Daragh O Brien

Data-gathering technology is more sophisticated than ever, as are the ethical standards for using this data. This second edition shows how to navigate this complex environment.Data Ethics provides a practical framework for the implementation of ethical principles into information management systems. It shows how to assess the types of ethical dilemmas organizations might face as they become more data-driven. This fully updated edition includes guidance on sustainability and environmental management and on how ethical frameworks can be standardized across cultures that have conflicting values. There is also discussion of data colonialism, the challenge of ethical trade-offs with ad-tech and analytics such as Covid-19 tracking systems and case studies on Smart Cities and Demings Principles.As the pace of developments in data-processing technology continues to increase, it is vital to capitalize on the opportunities this affords while ensuring that ethical standards and ideals are not compromised. Written by internationally regarded experts in the field, Data Ethics is the essential guide for students and practitioners to optimizing ethical data standards in organizations.

Data Ethics and Challenges (SpringerBriefs in Applied Sciences and Technology)

by Samiksha Shukla Jossy P. George Kapil Tiwari Joseph Varghese Kureethara

This book gives a thorough and systematic introduction to Data, Data Sources, Dimensions of Data, Privacy, and Security Challenges associated with Data, Ethics, Laws, IPR Copyright, and Technology Law. This book will help students, scholars, and practitioners to understand the challenges while dealing with data and its ethical and legal aspects. The book focuses on emerging issues while working with the Data.

Data Ethics and Digital Privacy in Learning Health Systems for Palliative Medicine (Studies in Media and Communications #23)

by Virginia M. Miori Daniel J. Miori Flavia Burton Catherine G. Cardamone

Though algorithms are chosen to eliminate bias in the Learning Health Systems (LHS) that support medical decision making, we are left with unconscious bias present in data due to lack of representation for marginalized populations, particularly in palliative care. Medical practitioners often lack historical foundations for decision making for patients in underrepresented populations, which lead to palliative patients being subjected to uneven quality of care and an absence of treatment goals due to a lack of advocacy and other challenges. Data Ethics and Digital Privacy in Learning Health Systems for Palliative Medicine reviews the ethical foundations that drive our approach, data collection (public data, private data and data privacy), data stratification methodologies to support marginalized and intersectional populations, analysis techniques, algorithmic development to maintain privacy, survival analysis, result interpretation, LHS development, and LHS implementation. These methodologies address the HIPAA Privacy Rule, which clearly establishes the standard to protect digitally held health care data. Informing both research and practice, Data Ethics and Digital Privacy in Learning Health Systems for Palliative Medicine brings attention to an important issue that lies at the intersection of medicine, science, and digital technology and communication.

Data Ethics and Digital Privacy in Learning Health Systems for Palliative Medicine (Studies in Media and Communications #23)

by Virginia M. Miori, Daniel J. Miori, Flavia Burton and Catherine G. Cardamone

Though algorithms are chosen to eliminate bias in the Learning Health Systems (LHS) that support medical decision making, we are left with unconscious bias present in data due to lack of representation for marginalized populations, particularly in palliative care. Medical practitioners often lack historical foundations for decision making for patients in underrepresented populations, which lead to palliative patients being subjected to uneven quality of care and an absence of treatment goals due to a lack of advocacy and other challenges. Data Ethics and Digital Privacy in Learning Health Systems for Palliative Medicine reviews the ethical foundations that drive our approach, data collection (public data, private data and data privacy), data stratification methodologies to support marginalized and intersectional populations, analysis techniques, algorithmic development to maintain privacy, survival analysis, result interpretation, LHS development, and LHS implementation. These methodologies address the HIPAA Privacy Rule, which clearly establishes the standard to protect digitally held health care data. Informing both research and practice, Data Ethics and Digital Privacy in Learning Health Systems for Palliative Medicine brings attention to an important issue that lies at the intersection of medicine, science, and digital technology and communication.

Data Ethics of Power: A Human Approach in the Big Data and AI Era

by Gry Hasselbalch

Data Ethics of Power takes a reflective and fresh look at the ethical implications of transforming everyday life and the world through the effortless, costless, and seamless accumulation of extra layers of data. By shedding light on the constant tensions that exist between ethical principles and the interests invested in this socio-technical transformation, the book bridges the theory and practice divide in the study of the power dynamics that underpin these processes of the digitalization of the world. Gry Hasselbalch expertly draws on nearly two decades of experience in the field, and key literature, to advance a better understanding of the challenges faced by big data and AI developers. She provides an innovative ethical framework for studying and governing Big-Data and Artificial Intelligence. Offering both a historical account and a theoretical analysis of power dynamics and their ethical implications, as well as incisive ideas to guide future research and governance practices, the book makes a significant contribution to the establishment of an emerging data and AI ethics discipline.This timely book is a must-read for scholars studying AI, data, and technology ethics. Policymakers in the regulatory, governance, public administration, and management sectors will find the practical proposals for a human-centric approach to big data and AI to be a valuable resource for revising and developing future policies.

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