Principles versus rules in data and corporate governance

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Professor Felix Ritchie

In data governance, the question of principles- versus rules-based regulation is a knotty one: should best practice and operating standards be specified in regulation (rules-based), or should regulation provide the overall guidelines against which specific solutions can be measured (principles based). The former is compliance-focused and offers (notional) certainty, while the latter is outcome-focused and offers flexibility and adaptability to circumstances.

Both models come into and go out of fashion. As research data governance was evolving as a topic at the end of the 20th century, rules-based regulation was more in favour. However this century has seen a move to principles-based regulation, as in the UK Digital Economy Act 2017 and the Australian Data Access and Transparency Act 2022. European regulation provides a good example of this evolution: while the 1995 Data Protection Directive seeks to identify what is and is not anonymous data and what needs to done to it, the 2016 General Data Protection Regulation acknowledges a grey scale of data classifications, highlights the importance of technical measures and operational procedures in providing protection for data, and allows for much more flexibility in confidential data management.

There is a similar debate in regulation of financial markets. UK and US financial regulation is more likely to follow a principles-based approach, whereas European regulation is more rules-based. One would hope that a useful outcome of financial crises, such as those experienced by East Asian markets in the 1990s or the Western ‘global financial crisis’ of 2008 would be evidence for which is more effective, but apparently not…

Broader corporate governance also struggles with this issue. How do you ensure board-level integrity and ethics, without overly constraining business operations or creating perverse incentives? In 2018 The Risk Coalition (https://www.riskcoalition.org.uk/) was set up, a ‘network of not-for-profit professional bodies and membership organisations committed to raising the standards of risk management in the UK’. The Risk Coalition has been strongly advocating a principles-based approach to risk management and in 2019 it first published its guidelines Raising the Bar.

The covering image of the Raising your Game Consultation document. Text reads; Navigating risks, Explore opportunities, Improve decision making. Principles-based guidance to enhance risk governance and reporting. Image shows a sporty looking individual standing on a rock looking wistfully into a valley. The river running through the valley reflects the blue sky's above.

After an 18-month consultation, they have now produced a new draft, Raising Your Game. This is currently out for consultation but in its draft form it holds a lot of useful lessons for data governance. The core message is ‘good ethics leads to lower risk’, but it also has a strong  emphasis on the need for decision-makers to have the training and information to use these principles effectively. These are ideas which we at DRAGoN have been keen to promote as well, and many of the principles in the document can be directly related to good data governance.

One area where there is a difference between corporate governance and (public sector) data governance is the perception of risk as something to be managed or avoided. The Risk Coalition is all about risk management; that is, the normal activities of a business will involve risk and uncertainty, and the function of the guidelines is to prevent those risks becoming excessive. In contrast, public sector research data governance is, as we have written many times before, predominantly default closed and concerned with risk avoidance. Hence, for data governance the key principles also need to include “be  clear about your goals and the value to society” and “always evaluate options as ‘how will I achieve my goals most effectively?’ and not ‘can I achieve my goal?’”.

Responding to the consultation

The Risk Coalition invites stakeholders from all sectors to participate in the public consultation process.

The consultation closes on Monday, 16th September 2024, and stakeholders are encouraged to submit their responses and feedback via the provided this Google Form link or by emailing their consultation feedback to: team@riskcoalition.org.uk

DRAGoN Webinars: Protecting Confidentiality in Non-Statistical Activities.

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Excitement is in the air as we kick off the Spring 2024 DRAGoN Seminar Series! Join us this Wednesday, 13th March, for our inaugural session, “Protecting Confidentiality in Non-Statistical Activities.” with Felix Ritchie and Elizabeth Green

Key Highlights:

  • Date and Time: * Date change due to technical difficulties* Wednesday, 13 March 6-7pm GM
  • Venue: Microsoft teams online meeting

Agenda: Explore the crucial realm of data confidentiality with a focus on non-statistical activities. Gain practical insights and solutions from front line researchers in data governance.

Registration: Secure your spot here. Our Webinars are online, free and accessible to all.

Don’t miss out on this opportunity to elevate your understanding of data protection. Join us for an enlightening session on 6th March at the Spring 2024 DRAGoN Seminar Series.

DRAGoN Webinar series continues. Sign up now!

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Don’t miss out on our up and coming webinars that dive deep into crucial topics like – Data protection during war, governance of confidential research data, and effecting change in healthcare settings.

Be sure to sign up now to reserve your spot! Learn from and engage with subject matter experts on issues that impact us all, expand your knowledge and gain new perspectives and sign up to join in the webinars today. This blog post gives details and sign up links for each webinar.

The webinar schedule is as follows, and you can find out more about each webinar below.

November 29 Governance of confidential research data in low- and middle- income countries

December 6 Part of the team: Effecting change and sharing power in healthcare settings cyber-attacks during armed conflict can be protected.

Governance of confidential research data in low- and middle- income countries

November 29

Time – 18:00- 19:00

Location – Online (teams) 

REGISTER HERE

This talk is hosted by Pedro Ferrer Breda and Natalia Eugenia Volkow Fernandez.

Research and policy development on the governance of confidential research data is dominated by the work of academics and government agencies based in high-income countries (HICs). This leaves three quarters of the world’s population faced with a corpus of theory and good practiced guidelines which, although robust and well-established, makes little or no reference to the specific circumstances of low- and middle-income countries (LMICs). It may be that the data governance models developed in LMICS may be easily transferable to other contexts (there is some evidence, for example, that human-centred training adapts well), but in general there is little or no examination of this issue. There is however a large demand; a recent announcement of a training course in data governance for LMICS was 10x over-subscribed within the first two weeks of launch. 

Following from this gap, DRAGoN has started a project on the governance of confidential data for research use in LMICs. DRAGoN hosted a symposium on data governance in LMICs aimed at building a network for discussion of solutions of data governance challenges in LMICs. The output of this symposium was presented at a UNECE conference in late September.  

Additionally, this project includes a PhD thesis by Pedro Ferrer Breda, which consists of a case study of Mexico’s INEGI (national institute of statistics and geography) and INSP (national institute of public healthcare) to understand data access decisions in Mexico, supported by Natalia Eugenia Volkow Fernandez, INEGI’s director of microdata access.  

This talk will describe this project’s current progress and explain future plans for the development of support networks for good governance of data for research use in LMICs.

Part of the team: Effecting change and sharing power in healthcare settings

December 6

Time – 18:00- 19:00

Location – Online (teams) 

REGISTER HERE

In this talk, Dr Jessie Stanier and Dr Purtell discuss a recent paper from a project which explored perspectives from patients and researchers to rethink how patient stories were shared with executives at an NHS hospital trust. With a goal to develop a new narrative framework to help patients position themselves as part of the healthcare team, emphasizing shared roles and responsibilities between patients and practitioners.

Their talk will cover the outcomes of this collaborative project, including key support structures and obstacles. They will reflect on the significance of collective voice, accessibility, administrative support, and senior staff buy-in when working to truly integrate patient perspectives in healthcare systems, especially considering austerity measures and the COVID-19 pandemic and look at how their findings can influence relationships beyond those in the NHS.

DRAGoN Seminar: Sphere transgressions: Risks and Benefits of the Digitisation of Health

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The digitalization of health and medicine has engendered a proliferation of new collaborations between public health institutions and data corporations, such as Google, Apple, Microsoft and Amazon. Critical perspectives on this “Googlization of health” tend to frame the risks involved in this phenomenon in one of two ways: either as predominantly privacy and data protection risks, or as predominantly commodification of data risks. In this short talk, Prof. Tamar Sharon (Radboud University) discussed the limitations of each of these framings and advanced a novel conceptual framework for studying the Googlization of health beyond (just) privacy and (just) market transgressions. The framework draws on Michael Walzer’s theory of justice and Boltanski and Thévenot’s orders of worth to advance a “normative pragmatics of justice” that is better equipped to identify and address the challenges of the Googlization of health and possibly of the digitalization of society more generally. 

Angela Daly then addressed socio-legal issues pertaining to healthcare data, drawing on political economy perspectives to consider the risks and benefits of healthcare data use, taking as an example her current collaborative research as part of the UKRI DARE GRAIMatter project on AI model export from Safe Havens and Trusted Research Environments (TREs).

You can watch the full recording here;

Speaker bio’s;

Tamar Sharon is Professor of Philosophy, Digitalization and Society, Chair of the Department of Ethics and Political Philosophy and Co-Director of the Interdisciplinary Hub for Digitalization and Society (iHub) at Radboud University, Nijmegen. Her research explores how the increasing digitalization of society destabilizes public values and norms, and how best to protect them. She studied History and Political Theory at Paris VII and Tel Aviv Universities and obtained her PhD on the ethics of human enhancement from Bar Ilan University. Her research has been funded by the ERC and the Dutch Research Council. Tamar is a member of the European Commission’s European Group on Ethics in Science and New Technologies.

Angela Daly is Professor of Law & Technology at the University of Dundee, with a joint position between the Leverhulme Research Centre for Forensic Science (LRSFS) and Dundee Law School. She is a socio-legal scholar of the regulation and governance of new (digital) technologies. She is the author of Socio-Legal Aspects of the 3D Printing Revolution (Palgrave 2016) and Private Power, Online Information Flows and EU Law: Mind the Gap (Hart) and the co-editor of the open access collection Good Data (INC 2019). She is currently chairing an independent expert group for the Scottish Government on Unlocking the Value of Public Sector Personal Data for Public Benefit, which aims to produce recommendations and guidance for public sector actors in Scotland on allowing access to their datasets.

UWE staff appointed to help ESRC plan its data infrastructure strategy

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The Economic and Social Research Council (ESRC), the body that allocates and oversees social science research funding across the UK higher education sector, will face some significant decisions in data infrastructure and services over the next few years: several of its major investments are due for re-tendering, while others are already in the process of restructuring. At the same time UK Research and Investment (UKRI) is reviewing the wider investment landscape.

As a result the ESRC has begun a major exercise to review the research data infrastructure and services landscape. This project began In August 2021, with a public engagement exercise to identify key issues. This year, ESRC advertised two Future Data Services (FDS) ‘Strategic Fellowships’, and we are pleased to announce that two UWE staff, Elizabeth Green and Felix Ritchie from the Data Research Access and Governance Network (DRAGoN), were successful in bidding for the roles.

This is a great opportunity for UWE: DRAGoN staff are widely involved with all aspects of data access and governance, in the UK and abroad, but this will provide Felix and Lizzie with a unique insight into the strategic decision-making process for UK research investments; and they in turn will be using their expertise and networks to help ESRC design and evaluate a data services infrastructure for the social sciences that will take on board best practices, and challenge ways of thinking.

Professor Ritchie notes that “The UK starts from a strong position, with a long track record of successful investment in data services, and thought leaders across the data landscape. But that landscape continually changes, and although we do many things well in the UK, there are also many examples from other countries of doing things better.”

Some of the gaps are about co-ordination and communication: for example, how can we better share good practice in data governance or researcher training? Others are about adapting the experience of others to the UK: for example, what can we learn from other countries about creating a default-open model of data accessibility and sharing? And some gaps are where we have to fundamentally (re)think basic concepts: how do we put a value on effective data services when we can’t even put a meaningful value on the data itself?

These aren’t straightforward problems, or we wouldn’t need a two year strategy development period. But they are – or will have to be – solvable, and the benefit of getting it right will be felt across the UK research community, as well as in other countries.”

The ESRC commented “ESRC is delighted to make this award.  With ongoing transformations in the data services landscape, this is an exciting time to be undertaking our Future Data Services strategic review. We look forward to working with Felix Ritchie and Elizabeth Green who will provide a very valuable contribution to this review”.

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