Public Governance, Administration and Finances Law Review

Government Cybersurveillance and AI: A New Equation

Losavio Michael — Thu, 27 Jun 2024 00:00:00 +0200

There is a tension between state oversight and state intrusion into our personal lives. The analytical powers of artificial intelligence/machine learning and the pervasive data collection of the Internet of Things, the Smart City and all those personal devices we use together permit revelations as to our lives as never seen before. We must consider the impact of this on the relations between citizen and government in this new, ubiquitous world of government cybersurveillance and revelation.

Privacy in an Age of Cybersurveillance

Weaver Russell L. — Thu, 27 Jun 2024 00:00:00 +0200

This article provides an update en events since Edward Snowden, an employee of a National Security Agency (NSA) contractor, stole and released thousands of classified documents in 2013, revealing that the U.S. government was engaged in a massive secret cybersurveilance operation that was amassing information about people all over the world, including U.S. citizens. In the U.S., Snowden’s revelations sparked a spirited debate regarding privacy rights, and in particular whether the U.S. cybersurveillance operation was appropriate in a democratic system. This article describes the scope of the cybersuveillance program, and examines how the courts and Congress responded to the Snowden revelations, and (in particular) how U.S. society evolved in the following years.

Personal Data Processing of Online Platforms’ and Search Engines’ Users: The case of the EU Digital Services Act

Farinho Domingos Soares — Thu, 27 Jun 2024 00:00:00 +0200

The new EU Digital Services Act (DSA) aims to regulate intermediary service providers and special attention is given to online platforms and search engines. The bulk activity of these two online players is personal data processing, under the guise of content moderation or recommendations to users. This means that both the EU GDPR and DSA interconnect when protection of personal data is concerned and it is the task of lawyers to determine how is the interplay between these two keys pieces of legislation in the EU digital domain. The paper sets out to try to understand how both EU Regulations connect and what is the end result. Beyond the introduction, section 2 describes how the GDPR applies to online platforms, focusing on grounds for lawful personal data processing. In section 3 the main interplay is presented and analysed and the normative relation between the GDPR and the DSA is assessed with special attention being given to specific data protection duties and prohibitions arising from the DSA and its regulatory framework.

Transferring Digital Artworks on Online Market Platforms

Juhász Ágnes, Sztermen Lili Orsolya — Thu, 27 Jun 2024 00:00:00 +0200

By writing this paper, the authors intended to answer questions raised by the transfer of digital artworks in the online space. At the beginning of the study, the basic expressions, including NFT digital artwork, will be explained. Then, it will be examined how these new forms of artwork can be treated by civil law. Although NFTs change hands daily, their legal nature, i.e. if they shall be deemed as things in the civil law sense, is unclear. If NFTs are treated as things, they can be a subject of ownership, and the provisions on the transfer of ownership rights shall be applied, which raises several further questions. According to another approach, NFTs embody the right to dispose, while there are other opinions as to which NFTs, following the model of bank account money, shall be deemed as claims facilitating the application of the provisions of the law of obligations. After reviewing the different approaches to the legal nature of NFTs, features of online auctions of NFT artworks will be introduced. Then, it will be examined if the platforms enabling online auctions fall under the scope of the recently adopted Digital Market Act and if so, which rules of the Act are applicable for them.

E-Government in Nigeria

Abdulkareem Abdulrazaq Kayode — Thu, 27 Jun 2024 00:00:00 +0200

This paper examines the potential for using generative artificial intelligence (AI) to boost civic participation in Nigeria’s developing e-government ecosystem. Emerging generative technologies like ChatGPT demonstrate intriguing capabilities to make governance more interactive and engaging through conversational interfaces. Thoughtfully implemented AI tools could increase access and understanding of e-government, particularly for underserved groups. However, risks around bias, privacy, security and capability limitations pose challenges for public sector applications. Additionally, Nigeria’s substantial digital divides and defective trust in government institutions hamper e-government participation currently. This paper analyses opportunities and limitations for applying generative AI to advance civic engagement given Nigeria’s unique socio-cultural context. Findings suggest that while AI holds promise, targeted strategies focused on inclusion, accessibility, education and institutional legitimacy building are critical to realise benefits. Cautious optimism, human-centric design and responsible governance frameworks are needed to employ generative systems successfully. If challenges are addressed, AI could open innovative possibilities for energising civic participation. But further research and controlled pilot applications are required to determine optimal implementation.

Latvia’s Ambiguous Attitude towards the Framework Convention for the Protection of National Minorities: Is Diversity a Threat?

Kascian Kiryl — Thu, 27 Jun 2024 00:00:00 +0200

On 22 February 2024, the Advisory Committee on the Framework Convention for the Protection of National Minorities published a critical opinion on Latvia within the framework of the fourth monitoring cycle. This text is centred on government comments as an important element of the standardised FCNM monitoring mechanisms provided by the Latvian Government during the four monitoring circles. This study identifies and assesses the key arguments and techniques employed by Latvia in this sectoral dialogue framework. It shows that the Latvian authorities view diversity as a threat to social cohesion, and their endeavours, inter alia, in the minority education domain, combine references to Latvia’s traumatic historical experience, constitutional identity, and the margin of state discretion that camouflage the absence of political will to advance minority rights. Among other negative factors, this signals a dangerous path that could likely be followed by other states that are parties to this Convention.

From Bonus to Onus: Taiwan’s Demographic Transition and Economic Development from 1950 to 2020

Kuang-Ho Yeh, Guihua Ni — Thu, 27 Jun 2024 00:00:00 +0200

The driving force behind population change lies in fertility. Over the past 70 years, Taiwan has undergone a fertility transition, rapidly declining from a high peak of natural fertility levels to an ultralow rate. This transition has released a substantial labor force and lead to a significant shift in resource allocation, contributing to rapid economic development in the late 20th century. During the same period, Taiwan’s population aging has progressed faster than that of most countries worldwide. The dependency ratio has negatively impact economic development, making social security an important aspect of resource allocation. The changes in age structure have introduced the concepts of “demographic bonus” and “demographic onus”. As a vibrant economy with a population of over 23 million, Taiwan has enjoyed the demographic bonus for more than a quarter of a century but is now facing the challenges of an aging society and declining fertility rates towards demographic onus. This article examines demographic transitions, economic performance and development in Taiwan from 1950 to 2020, elaborating on the definition, criteria, and quantitative delineation of the demographic bonus and demographic onus. It utilized population and economic statistics for a comparative analysis of the historical evolution, current situation, and prospects of the bonus and onus periods in Taiwan, providing a comprehensive narrative of its historical and empirical developments. Finally, the study underscores the complexity of balancing economic growth with demographic sustainability, emphasizing the necessity for multiple policy adjustments to address the adverse effects of demographic transitions.

The Perspectives of Family Foster Care in the Czech Republic, Hungary, Poland and Slovakia

Herczog Mária — Thu, 27 Jun 2024 00:00:00 +0200

Reforms of the child protection systems, provision of family- and community-based alternative care has been developed to a certain level in all countries in Central and Eastern Europe and has increased the role of care provided by foster families replacing institutions to ensure that the best interests principle is taken into consideration when children are separated from their families. The research describes the foster care system in the so-called Visegrád countries: the Czech Republic, Hungary, Poland and Slovakia, and the results based on at least 50 interviews in each country conducted by local experts on subjective well-being of foster parents, their perceptions about their roles and place in their respective countries and their needs.

The article includes the legal framework, recruitment, preparation and support to foster families, their subjective well-being and needs in the four countries, including the history of their child protection systems to better understand the current situation.

The outcomes show differences in approach to foster care, the perception on the roles, responsibilities and needs based on the different traditions, earlier and current policies and practices. Understanding the attitude changes related to the rights of children, those in vulnerable situations, and to their families of origin would be essential to further develop and improve the child welfare and protection systems, and listening to children on their perceptions and the realisation of their rights.