As Sarawak hopes to take advantage of the potential of data to drive its digital economy, it needs to create a holistic ethics framework that ensures data is properly used especially within the public sector for the benefit of the people.
According to the Organisation for Economic Co-operation and Development (OECD), developing a value-based guideline like a data ethics framework will enable governments to take account of inclusive and collaborative approaches that strengthen ethical data use in the public sector when designing data policies, strategies and initiatives.
Such process will also allow governments to build consensus as to the means of fostering public trust in practice in terms of data access, sharing and use, and agree on reliable data management practices that comply with values shared at operational and strategic levels.
The OECD outlines 10 good practice principles that can support public officials when implementing data ethics in digital government projects, products, and services that are worthy of citizens’ trust:
Manage Data with Integrity
To maintain and bolster trust among the public, public officials must manage data in a reliable manner throughout the different stages of the data value cycle.
These stages include, but not limited to, data generation, collection, selection, curation, storage, disposal, access, sharing, and use.
Thus, the OECD suggests that public officials should not abuse their position, including the data at their disposal, and not access, share and use data for personal gains or any goals that do not serve the public interest.
Be Aware of and Observe Relevant Government-wide Arrangements for Trustworthy Data Access, Sharing and Use
Public officials are responsible in building awareness and knowledge in the particular arrangements, mechanisms and tools of governance that compose data access, sharing and use, in order to make certain that they are respected, practised and utilised.
As such, they should be aware of matters including the possibilities and limitations of data use and re-use and their expected behaviours, as well as the potential sanctions they might face due to intended or unintended data abuse and mismanagement, and the resulting harm inflicted on individuals, collectives and society.
Incorporate Data Ethical Considerations into Governmental, Organisational and Public Sector Decision-Making Processes
Public officials must recognise and take suitable measures to mitigate ethical risks at various levels such that the decisions made can lead to actual impact.
Thus, public officials should incorporate data ethical considerations as part of or as preconditions for, among others, the generation of public sector data and decisions on data collection; the planning and funding of public sector digital and data projects; and the procurement and commissioning of public projects, specifically those involving personal data, personal sensitive data, or community data processing.
Monitor and Retain Control over Data Inputs, In Particular Those Used to Inform the Development and Training of AI Systems, and Adopt a Risk-Based Approach to the Automation of Decisions
There are ethical responsibilities that come with the usage of data and artificial intelligence (AI) systems that are based on data.
Thus, public officials whose job scope encompasses these technical areas should maintain control over the data that they access, share and use to train AI systems.
It is also highly advisable to not outsource to machines decisions requiring unique insight into the human condition, and that can potentially be detrimental to human rights, democracy or the rule of law.
Be Specific About the Purpose of Data Use, Especially in the Case of Personal Data
When designing digital and data-driven projects and initiatives, public officials should take account of the need to collect, access, share or use data to begin with.
As such, public officials should, for example, ensure that the project proposition clearly articulates the purpose and legitimate interest that justifies the reason why data collection, access, sharing or use is needed.
They should also make certain that data is fit for purpose, representative of corresponding phenomena, and democratic in terms of the legitimacy and impact of the proposed use.
Define Boundaries for Data Collection, Access, Sharing and Use
Public officials must ensure that data governance and decision-making processes implemented promote a balanced approach to collecting data.
Data governance and decision-making processes should also be used by considering relevant trade-offs and societal benefits and costs, as well as evaluating limitations, risks and rules encompassing data sharing, collection and use.
Be Clear, Inclusive and Open
Governments need to be open and carry out effective public communication measures because they are crucial in informing and engaging relevant stakeholders in an inclusive dialogue regarding data ethics in the public sector.
They should also be transparent about how data is being utilised, why it is used for and who makes use of it so that the public understand or at least are aware of the message.
In this sense, it helps that the public can be more data literate. Rather than just knowing how to use data in their work or daily life, they are familiar with the ethical implications that come with it.
Public Open Data and Source Code
Making open data and open source code available enables the public to be more engaged and innovative in driving socio-economic progress through digitalisation.
It also demonstrates governments’ willingness to be more transparent and accountable, as well as be subject to public scrutiny of its decisions and policy outcomes.
Therefore, public officials need to, for instance, promote fair data ecosystems through open government data (OGD) policies, and connect OGD initiatives to wider data governance and management efforts in the public sector.
Broaden Individuals’ and Collectives’ Control Over the Data
After informing individuals and communities about the way their personal and collectively owned data is shared, governments should provide them the decision-making power to wield autonomy, control, and agency over their data, as well as to freely give or withdraw consent to its use.
For that reason, public officials should, for example, offer relevant stakeholders the possibility and tools to opt-in to and opt-out of specific data uses, and establish and implement the proper transparency and digital tools (e.g. digital identity) to this purpose.
Be Accountable and Proactive in Managing Risks
Thanks to technological advancements, governments are more equipped to foresee and proactively tackle public concerns with regards to collecting, accessing, sharing and using personal, personal sensitive data or community data.
Using data in an accountable manner requires guaranteeing that data users adhere to every applicable policy, legislative and regulatory requirements by design, and that clear and common rules of data management are put in place to support the fair and trustworthy data access, sharing and use.
It should also ensure availability of data governance structures that will provide advice and intervene or rectify actions, and intervention of relevant bodies including parliaments and judicial bodies when necessary.
