Legal Assessment of Data Harvesting

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Legal Assessment of Data Harvesting

Source

Quick Facts

Publishing Organisation:
University College Copenhagen
Year:
2023
Primary Target Country:
Europe
Languages:
English
Status:
Published
Covers Thematic
  • Crowdsourcing Describes a distributed problem-solving model where the task of solving a challenge or developing an idea get “outsourced” to a crowd. It implies tapping into “the wisdom of the crowd”.</br></br>Source:DRS Glossary v2.0 LINKS 181220.xlsx
  • Legal/Standards Legal Requirement means any federal, state, local, municipal, foreign or other law, statute, constitute, principle of common law, resolution, ordinance, code, edict, decree, rule, regulation, ruling or requirement issued, enacted, adopted, promulgated, implemented or otherwise put into effect by or under the authority of any Governmental Body. </br></br>Source: https://www.lawinsider.com/dictionary/legal-requirement</br></br>Standards are voluntary documents that set out specifications, procedures and guidelines that aim to ensure products, services, and systems are safe, consistent, and reliable. They cover a variety of subjects, including consumer products and services, the environment, construction, energy and water utilities, and more.</br></br>Source: https://www.standards.org.au/standards-development/what-is-standard
  • Social Media
    • Target audience
  • Businesses companies, local business networks, solution providers, suppliers of goods and services
  • Civil Society Civil society is a target group in LINKS which comprises citizens, civil society organizations, educational institutions, vulnerable groups, social movement organizations
  • Policy Makers local, national, and European agencies and institutes, public authorities, standardization bodies
  • Researchers research institutions and scientific communities
    • Audience experience level
  • Intermediate Those who currently use social media to communicate with the public and have developed a draft social media strategy, even if this is not thoroughly documented or communicated across the organisation</br></br>Source: https://www.fp7-emergent.eu/wp-content/uploads/2017/09/20170529_D7.3_Guidelines_to_increase_the_benefit_of_social_media_EmerGent.pdf
    • Disaster Management Phase
  • Before Comprises 'Preparedness Phase' and 'Prevention Phase'</br></br>Preparedness action is carried out within the context of disaster risk management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from response to sustained recovery.</br></br>Source: https://www.undrr.org/terminology/preparedness</br></br>Prevention (i.e., disaster prevention) expresses the concept and intention to completely avoid potential adverse impacts of hazardous events.</br></br>Source: https://www.undrr.org/terminology/prevention
  • During Also referred to as "Response Phase"</br></br>Actions taken directly before, during or immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected.</br></br>Annotation: Disaster response is predominantly focused on immediate and short-term needs and is sometimes called disaster relief. Effective, efficient and timely response relies on disaster risk-informed preparedness measures, including the development of the response capacities of individuals, communities, organizations, countries and the international community.</br></br>Source: https://www.undrr.org/terminology/response
  • After Also referred to as 'Recovery Phase'</br></br>The restoring or improving of livelihoods and health, as well as economic, physical, social, cultural and environmental assets, systems and activities, of a disaster-affected community or society, aligning with the principles of sustainable development and “build back better”, to avoid or reduce future disaster risk.</br></br>Source: https://www.undrr.org/terminology/recovery
    • Synopsis

    The purpose of this document is to provide a legal insight into the data harvesting of information from social media, during hazards, emergency incidents and crises situations.

    • The white paper contains a legal assessment and an easy accessible flowchart that guides the use of social media crowdsourcing.


    The legal insight in the document focus on both national and international rules, when and how they apply. Furthermore, there is a focus on specific social media platforms and their individual terms of service - some provide opportunities while others present hindrances.

    • The document can thus be carved into three sections (in corresponding order)
      • The national rules that apply in Denmark,
      • the international rules in the form of the General Data Protection Regulation (GDPR) that applies throughout Europe and
      • finally the individual social media platforms themselves.
    • The first section is primarily representative of the legal state in Denmark,
      • while the second section can be used throughout Europe and
      • finally the third section is applicable to any country.

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