Program/Audio

8:15 AM

Registration

Centennial Lobby (1st Floor, Boalt Hall)

Breakfast

Donor Lobby (2nd Floor, Boalt Hall)

9:00 AM

Welcoming Remarks

Dean Sujit Choudhry, UC Berkeley School of Law

9:15 AM

Tutorial: Doing Data Science (0.75 HR) [ Audio ]

In this tutorial, Doing Data Science textbook author Cathy
O’Neil will explain what data science is, its relevant techniques, and important
aspects of data science for lawyers and regulators to understand. O’Neil will
also discuss ex ante and ex post legal controls on releases of data, and what
impact they have on open data investigations.

• Cathy O’Neil, mathbabe.org

Presentation [Prezi]:

• Cathy O’Neil | What is Data Science?

9:55 AM

Panel 1: Understanding the Implications of Open Data (1.50 HR) [ Audio ]

Public entities collect and maintain databases that include
personally identifiable, and sometimes sensitive data, about the people within
their jurisdiction, and releases of data without proper safeguards could lead
to an invasion of privacy. Similarly, release of datasets that categorize
individuals into groups can raise concerns for social equity. Panelists will
present their empirical data on (1) Seattle’s past and present releases of data
and (2) North Carolina Supreme Court records to ground their discussion of how
to adapt privacy law and First Amendment doctrines to deal with the flood of
public records going online. Panelists will consider the legal measures, such
as information privacy protections and administrative law remedies, to prevent
discrimination and invasions of privacy.

Moderator: Lindsey Tonsager, Covington & Burling LLP

Panelists:

• Jan Whittington, University of Washington
• Ryan Calo, University of Washington School of Law
• David Ardia, University of North Carolina School of Law
• Anne Klinefelter, University of North Carolina School of Law

Commentators:

• Sophie Hood, Keker & Van Nest LLP
• Kirsten Martin, George Washington University School of Business

Presentations [PDF]:

• Jan Whittington & Ryan Calo | Municipal Open Data
• David Ardia and Anne Klinefelter | Privacy and Court Records

 11:25 AM

Lunch

11:40 AM

David Nelson Memorial Keynote Lecture:
Professor David H. Flaherty on The Importance of Access to
All Forms of Data for Legitimate Purposes under Controlled Conditions
(0.75 HR) [ Audio ]

In 1979, Professor David H. Flaherty published Privacy and
Government Banks: An International Perspective. The book was the first serious
treatment of how governments were handling access to microdata: “comprehensive
sets of individual records of personal data collected by government agencies
from individuals and households in censuses, surveys, administrative
activities, and vital statistics.” In the book, Flaherty developed case studies
of how microdata were treated in the United Kingdom, Sweden, Federal Republic
of Germany, Canada, and United States. In his keynote talk, Flaherty will
reflect on the ways in which governments have established policy, rules, and
regulations for data protection, confidentiality, and dissemination of data.

• Introduction by Derek Foran, Morrison & Foerster LLP
• David Flaherty, University of Western Ontario

Presentation [PDF]:

• David Flaherty | Open Data: Managing the Privacy Challenges

12:45 PM

Panel 2: Policy Approaches to Managing Open Data Risks (1.50 HR) [ Audio ]

Panelists will discuss differing approaches to preserving privacy in government releases of information. Special attention will be paid to the advantages and disadvantages of certain disclosure limitation methods and how recent advances in data privacy from the fields of law and computation could improve upon real-world models currently used by governments to make data available to the public. Panelists will discuss the inferential possibilities of open data, the limits of inference, and whether risk assessment or legal conditions on data release can best address these problems.

Moderator: Mitchell Zimmerman, Fenwick & West LLP

Panelists:

• Solon Barocas, Princeton University
• David O’Brien, Berkman Center for Internet & Society, Harvard University
• Micah Altman, Massachusetts Institute of Technology
• Alexandra Wood, Berkman Center for Internet & Society, Harvard University

Commentator:

• Amanda Conley, Cobalt LLP

Presentation [PDF]:

• Solon Barocas | Managing the Inferential Possibilities of Open Government Data
• Micah Altman, David O’Brien, and Alexandra Wood | Towards a Modern Approach to Privacy-Aware Government Data Releases

2:15 PM

Break

Refreshments available in Donor Lobby. (2nd Floor, Boalt Hall)

2:40 PM

Panel 3: Comparative Approaches: Privacy Law and Public Health Law (1.75 HR) [ Audio ]

Panelists will examine the tension between open data policy and privacy interests across governments around the world, with the goal of understanding the most pressing legal issues and public policy debates in the area of open data. One group of panelists will examine open data approaches through the lens of Fair Information Principles (FIPs), a body of norms that are reflected in most information privacy law. A second group will focus on whether the rules governing public health disclosures provide insight into releases of government data.

Moderator: Sue Glueck, Microsoft Corporation

Panelists:

• Mireille van Eechoud, IViR Institute for Information Law, University of Amsterdam
• Jonathan Gray, Open Knowledge, University of Amsterdam, University of London
• Frederik Zuiderveen Borgesius, IViR Institute for Information Law, University of Amsterdam
• Elaine Sedenberg, UC Berkeley School of Information
• Deirdre Mulligan, UC Berkeley School of Information, Berkeley Center for Law & Technology (BCLT)
• Sharona Hoffman, Case Western Reserve University School of Law

Commentators:

• David Flaherty, University of Western Ontario
• Cathy O’Neil, mathbabe.org

Presentations [PDF]:

• Frederik Z. Borgesius, Mireille van Eechoud, Jonathan Gray | Open Data, Privacy, and Fair Information Principles
• Deirdre Mulligan & Elaine Sedenberg | Public Cybersecurity: Is there a role for open government data?
• Sharona Hoffman | Citizen Science: The Law and Ethics of Public Access to Medical Big Data

4:30 PM

Break

Refreshments available in Donor Lobby. (2nd Floor, Boalt Hall)

4:45 PM

Concluding Thoughts: Subject Matter Experts (0.75 HR)
[ Audio ]

• Chris Jay Hoofnagle, UC Berkeley School of Law, Berkeley Center for Law & Technology (BCLT)
• Chris Calabrese, Center for Democracy & Technology
• Tom Slee, Independent writer

Presentation [PDF]

• Chris Jay Hoofnagle | Big Brother’s Little Helpers: How ChoicePoint and Other Commerical Data Brokers Collect and Package Your Data for Law Enforcement

5:35 PM

Reception

Steinhart Courtyard (2nd Floor, Boalt Hall)