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FRIDAY, APRIL 17, 2015

Morning Presiding Officer:
Ginny Scholtes ’16, BTLJ Symposium Editor, UC Berkeley School of Law

8:15 AM


Centennial Lobby (1st Floor, Boalt Hall)


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.

Presentation [Prezi]:

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



Presentations [PDF]:

 11:25 AM



Walk to the Bancroft Hotel (2680 Bancroft Way), located across the street from Boalt Hall, for Lunch and the David Nelson Memorial Keynote Lecture.

Noon Presiding Officer:
Joseph Mornin ’15, BTLJ Editor in Chief, UC Berkeley School of Law

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.

Presentation [PDF]:

Afternoon Presiding Officer:
Emmie Tran ’16, BTLJ Symposium Editor, UC Berkeley School of Law

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



Presentation [PDF]:

2:15 PM


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



Presentations [PDF]:

4:30 PM


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

4:45 PM

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

Presentation [PDF]

5:35 PM


Steinhart Courtyard (2nd Floor, Boalt Hall)