'Adtech and Children’s Data Rights' by Lisa Archbold, Damian Clifford, Moira Paterson, Megan Richardson and Normann Witzleb in (2021) 44(3) UNSW Law Journal comments
The advertising technology industry, known as ‘adtech’, is a complicated network of organisations and individuals that collect, aggregate and deal with large amounts of personal data. As children engage with digital networks for many aspects of their lives, they are increasingly exposed to adtech practices. Depending on their age, children may have less knowledge of the commercial digital environment and less maturity in their decision-making processes than adults have. Their limited resilience in the face of adtech’s onslaught offers a particularly stark illustration of why it is problematic to look to ‘consent’ as the exclusive or predominant mechanism to control the use of consumer data in the digital ecosystem. This article examines the problems arising from adtech’s data practices and makes recommendations on how to strengthen the agency and control exercised by children and protect their best interests in the context of adtech.
'‘Every Move You Make … Every Word You Say’: Regulating Police Body Worn Cameras' by Robyn Blewer and Ron Behlau in the same journal comments
The death of Minneapolis man, George Floyd, at the hands (or, knee) of a police officer in May 2020 appears to have set a nation, indeed the world, alight with outrage at ongoing, systemic racism and brutality by police officers. Body worn camera (‘BWC’) footage from officers attending this incident provides strong evidence of the circumstances of Mr Floyd’s death. In this article, we draw on criminological research and analyses of legislation in Australia and a number of international jurisdictions, to argue there is a need for improved regulation of BWCs. Despite incurring the substantial cost of deploying this technology, governments are relinquishing control of it to law enforcement agencies who, in turn, draft policies that maximise police discretion and protection while minimising the consequences of non-compliance. For governments to realise their objectives for BWCs, we argue there is a need for greater regulation to ensure BWCs are utilised effectively.
