Law Reports January 2019

January 2018 | Issue 01 News and views from Southampton Law School

LAW REPORTS

Building peace in Colombia

IN THIS ISSUE Ò Brexit: The impact on the maritime sector Ò Criminal Justice Policy Ò Meet Dr Emma Laurie Ò Dame Jennifer Roberts awarded Honorary Doctorate 1

Introduction

WELCOME TO LAW REPORTS Welcome to the launch of ‘Law Reports’, a biannual magazine showcasing the cuttingedge research of Southampton Law School.

The work profiled here spans a wide spectrum of legal issues from human rights, property law and international trade to prison sentences, housing and health, national to international matters, and from theory to practice. It reflects just some of the research underway in the Law School, as all of us engage with and address the pressing issues in our respective subject areas.

We are proud of the impact that our work is having and of our engagement with policy makers, the legal profession and business.

We are committed to the highest quality legal education and scholarship and we hope you enjoy reading about the research which is a key component of that mission.

Professor Brenda Hannigan Head of Southampton Law School

Research leadership in the School is provided by Professor of Criminal Law and Interdisciplinary Legal Studies, and Deputy Head of School, David Gurnham.

If you have any queries or would like more information about the research themes within this brochure, please contact Director of Research, Professor Gurnham at d.gurnham@southampton.ac.uk 2

Professor Brenda Hannigan

To find out more about Southampton Law School visit: www.southampton.ac.uk/law

IN THIS ISSUE

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Honorary doctorate for Southampton alumni Dame Jennifer Roberts has been presented with an honorary doctorate by the University of Southampton

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Brexit: the impact on the Maritime sector Southampton marine and maritime experts have explored the potential consequences of Brexit on the UK maritime sector.

08 OPINION:

Investigating indeterminate prison sentences The effect of indeterminate prison sentences on prisoners has been hitting national headlines recently.

06 FEATURE:

Building peace in Colombia For more than 50 years Colombia has been ravaged by the world’s longestrunning internal armed conflict, with millions of its people suffering from violence and displacement.

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Creating a safer and more efficient maritime sector Southampton’s Institute of Maritime Law (IML) is playing a significant part in exploring the legal feasibility of a multimillion Euro project that could transform sea traffic management.

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SPOTLIGHT ON:

Mark Jordan Early Career Researcher and Lecturer in Land Law at Southampton Law School

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SPOTLIGHT ON:

Dr Emma Laurie Associate Professor in Law at Southampton Law School 3

Feature

HONORARY DOCTORATE FOR SOUTHAMPTON ALUMNA Southampton Law School alumna Dame Jennifer Roberts has been presented with an honorary doctorate by the University of Southampton.

Dame Roberts graduated from Southampton Law School in 1986 with a first class degree and was called to the Bar by Inner Temple in 1988.

The Honourable Mrs Justice Roberts enjoyed a successful career, taking silk in 2009 and being approved to sit as a Deputy High Court Judge in 2012, and became a Justice of the High Court in 2014. She now sits full time in the Family Division.

Dame Roberts generously offers marshalling opportunities to up to two second year students at Southampton Law School, giving them an unrivalled

opportunity to gain first hand insight into the work of the High Court (Family).

Head of Southampton Law School Professor Brenda Hannigan said: “We were delighted that the University chose to honour one of our alumni in this way.

Mrs Justice Roberts is a terrific role model for our students showing them how a brilliant legal career evolves in stages from university to legal practice to public service as a member of the judiciary.

“We are very grateful to her for her generosity in providing marshalling opportunities for current Law students and we are very pleased that her service to the law and legal education has been recognised by this honorary degree.”

NEW LAW, POLICY AND SOCIETY RESEARCH CENTRE A new research centre - the Centre for Law, Policy and Society (CLPS) – has been created at Southampton Law School.

The Centre has been developed to support the explorations of the intersections between law, policy and society.

Law School staff are already engaging in multi-disciplinary approaches to the study of law that include analysing the inter-relations between law and policy, and exploring the historical or cultural role of law in different social contexts.

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Centre Co-director Dr Harry Annison said: “CLPS researchers come from a range of backgrounds with expertise in a wide variety of different legal fields, theoretical perspectives and methodological approaches. We are looking forward to opportunities to engage with policymakers and the public.”

The Centre is already exploring a theme focusing on vulnerability and the law: focusing on areas such as housing, human trafficking, sexual consent and young people, prisoner families, EU workers and discrimination post-Brexit.

Centre Co-director Dr Alun Gibbs said: “We will be looking to explore how the law treats marginalised or minority groups, and to explore how the law understands and responds to vulnerability.”

The CLPS hopes to organise a workshop and public lecture in the Spring focusing on this theme.

Keep up to date with our news: www.southampton.ac.uk/lawnews

BREXIT: THE IMPACT ON THE MARITIME SECTOR Southampton marine and maritime experts have explored the potential consequences of Brexit on the UK maritime sector.

Southampton’s Institute of Maritime Law (IML) and the Southampton Marine and Maritime Institute (SMMI) considered the impact of Brexit on four sectors that are directly or indirectly associated with economic activity in the marine and maritime area: • Legal services to shipping and the role of London as an international dispute resolution centre • Shipping from the aspect of shipping regulations and the UK as a flag state • Fisheries • Existing and future international trade contracts, including the impact of a future trade deal with the EU Brexit will return exclusive national competence for law making and regulation to the UK, transforming almost all EU laws into UK laws leading to potential complications and the requirement for transitional provisions.

The IML and SMMI considered the areas where the adoption of EU laws will not provide a sustainable solution and will require other legislative intervention.

The project included a workshop with stakeholders from the four sectors affected. The workshop revealed very little optimism and significant worry regarding Brexit. Primary concerns were the access of talented UK seafarers and professionals to the EU employment market, and the access of UK business to talented EU professionals.

The research and workshop outcomes culminated in the publication of a report The UK Maritime Sectors Beyond Brexit.

Professor Mikis Tsimplis and Professor Andrew Serdy of IML said: “We hope the report will be a springboard for more research in this area as we progress towards Brexit. The most optimistic statement that came out of the workshop was that there are potential long-term opportunities for the maritime industry after Brexit, but these are not self-evident at the moment and will require significant transformations.”

LAW SCHOOL JOINS MATERIALS REGULATION REVIEW Institute of Maritime Law (IML) academics worked with colleagues from across the University on a collaborative research project investigating the existing material regulations in transport, energy and construction, considering the permissibility of using composite materials.

Professor Mikis Tsimplis and Robert Veal collaborated with University academics from Engineering and Environment, and the Research Institute for Industry. The projects analysed the approach adopted in the aviation, marine, road, rail, oil and gas, renewables and construction sectors with regard to the use of composite materials.

The legal analysis primarily undertaken by the IML identified that some sectors used permissive language while others were more prescriptive and indirectly prohibited the use of such materials.

The team developed a position paper arguing for the harmonisation of rules across sectors and the liberalisation of the legal arrangements. The paper was launched at the Royal Academy of Engineering, in London, earlier this year and the launch was attended by leading stakeholders across the industry whose prior consultation had helped inform the research.

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Feature

BUILDING PEACE IN COLOMBIA For more than 50 years Colombia has been ravaged by the world’s longest-running internal armed conflict, with millions of its people suffering from violence and displacement.

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Find out more about Dr Alun Gibbs: www.southampton.ac.uk/alungibbs

Approximately 250,000 people have died in the conflict and more than five million civilians have been forced to flee their homes.

The signing of a Peace Accord last year between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC-EP) heralded an end to the fighting and the promise of a more settled future for the country.

However, navigating a smooth path towards peace is not straightforward and the country is now faced with the challenges of transitional justice arising from a complex and multifaceted conflict.

Southampton Law School academic Dr Alun Gibbs has recently returned from a visit to Colombia where he has been working with legal actors to understand the early parts of implementing the transitional justice process.

Southampton’s role For the past three years Alun, Co-director of the Centre for Law, Policy and Society and Associate Professor in Public Law, has been looking at the difficulties and threats faced by human rights lawyers in Colombia in carrying out work on behalf of the many victims of the conflict.

Alun has visited Colombia three times, initially as part of the non-governmental organisation (NGO) the International Caravana of Jurists, and earlier this year as a result of strategic research funding from Southampton Law School and the Centre for Law, Policy and Society.

He said: “The process of undertaking transitional justice in what has been the longest-running internal armed conflict in the world, presents unique challenges for the lawyers who will be involved in obtaining justice for the many millions of victims of the conflict.

“I have been interviewing lawyers, legal activists, legal commissioners, UN representatives, magistrates and representatives in Congress about the progress towards the implementation of the Peace Accord. This research has included exploring the likely difficulties ahead and the involvement of legal actors so far in the steps towards transitional justice.”

His research focused on the working of the Special Jurisdiction for Peace that will be one of the principal legal institutions for the investigation of crimes committed during the armed conflict by both the Colombian State and FARC-EP and to secure the accountability of those involved.

Alun said: “This newly-created organisation is responsible for investigating, clarifying, prosecuting and punishing serious human rights violations and grave breaches of international humanitarian law that occurred during the war. We need to ensure that this is managed effectively and that victims’ cases are properly and fully dealt with and that they are not left with a fragmented truth.”

The future Alun is currently compiling his research findings and says a focus for the future is already becoming clear.

He said: “We need to discover what Colombia needs to help reconcile itself to its violent past and this will involve a full and complete picture of the truth of the conflict emerging.

One of the key issues and concerns will be how the institutions set up as part of the Peace Agreements will interact with each other.

“We want to make an impact on the international community and the NGOs so that they keep the pressure on the Colombian State and prevent any polarisation or potential back-sliding on issues arising from the Peace Accord.

“We will be asking to what extent information will flow from the Truth Commission to the Special Jurisdiction for Peace. The legal actors that have been interviewed are concerned about the possibility for a partial or fragmented truth emerging and a diminished role for victims.

“We need to highlight the concerns of the key legal players in Colombia about the transition to peace, and we need to ensure the international community continues engaging with the Colombian State to make sure it follows through on its commitment to the victims,” he said.

Alun is due to start disseminating the results of his research at two talks this autumn – one at a special conference about the peace process at the University of Newcastle and the other at the International Relations department at Aberyswyth University.

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Feature

INVESTIGATING INDETERMINATE PRISON SENTENCES The effect of indeterminate prison sentences on prisoners has been hitting national headlines recently.

Chair of the England and Wales Parole Board Nick Hardwick voiced his concerns in the media about the ‘unacceptably high’ level of suicide among prisoners serving Imprisonment for Public Protection (IPP) sentences.

The effect of IPP sentences on prisoners has been the focus of research by Southampton Law School academic Dr Harry Annison, Co-director of the Centre for Law, Policy and Society, for a number of years.

At its height, the UK’s indeterminate prison population outstripped those of fellow European Nations by a significant margin, causing problems for the prison service, prisoners and their families. IPP was abolished in 2012 but thousands of IPP prisoners were left confined in the penal system.

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The effect of IPP

Expanding the research

Harry’s research has provided crucial insights into how criminal justice policy was made and how such damaging policy mistakes can be avoided in the future.

Harry is now developing his research to explore the effects of IPP on prisoners’ families. Working with Dr Rachel Condry, from the University of Oxford, he is speaking to prisoners’ families about their experiences and the effect it has had on them.

He has given a talk about his research at the prestigious Oxford University All Souls criminology seminar series, has contributed to House of Commons Justice Committee inquiries and to BBC Radio 4. He also regularly engages in public debate and policy discussion.

Harry said: “The IPP sentence caused enormous problems. The prison service and parole board were not equipped to cope with the sudden increase in indeterminate prisoners. I have interviewed more than 60 key policymakers to explore why this happened and the broader lessons that can be learnt.”

The project aims to provide valuable evidence to reform groups and other policymakers’ efforts to improve support for these reform groups.

Find out more about the Institute of Maritime Law: www.southampton.ac.uk/iml

CREATING A SAFER AND MORE EFFICIENT MARITIME SECTOR Southampton’s Institute of Maritime Law (IML) is playing a significant part in exploring the legal feasibility of a multimillion Euro project that could transform sea traffic management.

The Sea Traffic Management (STM) project aims to create a safer, more efficient and environmentally friendly maritime sector by connecting and updating the maritime world in real time.

The Sea Traffic Management project The STM scheme would introduce a real time exchange of data between ships, ports, service providers and shipping companies. Using digital infrastructure to share route plans, berth slots, weather forecasts and safety warnings, it would allow personnel on board to make decisions based on upto-the-minute information. This would potentially lead to more efficient port operations and reduced cost and delay for shipping companies.

By 2030 STM aspires to: • increase shipping safety and reduce accidents • increase efficiency with a 10 per cent reduction in voyage costs and a 30 per cent reduction in waiting time for berthing • decrease fuel consumption by seven per cent and lower greenhouse gas emissions by seven per cent A €43m Sea Traffic Management Validation Project – the largest e-navigation project in the world - will demonstrate the STM concept in large-scale test beds in both the Nordic and Mediterranean Seas, encompassing around 300 vessels, 13 ports and five shore-based service centres.

Southampton’s role The IML is leading the work on the legal feasibility of the STM concept by undertaking a detailed analysis of the concept practicalities and evaluating their consistency with the legal and regulatory framework applicable to ships.

The interdisciplinary team, led by Professor Mikis Tsimplis, is collaborating with colleagues in the Southampton Marine and Maritime Institute (SMMI).

Their work covers three different aspects: • The interaction between the compulsory regulatory provision for ships and the innovative information exchange the STM promotes, such as using ship-to-ship route exchange for the safe navigation of the ship.

• The business model applicable to shipping particularly the contractual arrangements between shipowners and charterers of the ship.

• Looking at the cybersecurity aspects of the system and the legal liability that attach to the various STM actors.

Mikis said: “The current shipping arrangements encourage inefficiencies and in some cases reward delays. Developing an interconnected, efficient and safe shipping chain is a prerequisite for optimising the transport of goods chain overall.

“Southampton’s work is crucial in developing the appropriate regulatory and commercial framework for the implementation of electronic navigation.”

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Spotlight on...

Mark Jordan is an Early Career Researcher and Lecturer in Land Law at Southampton Law School. He teaches modules in Land Law, Equity and Trusts, and Company Law. Here he tells us about joining the University of Southampton and his research.

When did you join Southampton Law School and what attracted you to Southampton?

I joined the Law School in 2012 following an opportunity to take part in the pioneering international research project ‘Tenlaw’ that examined residential tenancy law in the European Union. The project brought together researchers from across Europe and it was fantastic to get the chance to be included in their work. In the first phase of the project I drafted national reports on the Republic of Ireland and Scotland, and in the second phase I drafted a comparative report examining England and Wales, Scotland and the Republic of Ireland.

I was also attracted to the University of Southampton because of its strong Property Law team. In particular, I was familiar with Professor of Property Law Peter Sparkes’ ground-breaking research in comparative property law.

What is your role in the Law School?

As well as my teaching and research, I am a joint Year 3 co-ordinator, which involves supporting the delivery of Year 3 modules on the current LLB (Hons) Law. What is your area of research expertise?

I am currently researching how political devolution has influenced the development of residential tenancy law in Great Britain and

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Ireland. Reforming tenancy law has become a priority of the Scottish Parliament, the Welsh Assembly and (to a lesser extent) the Northern Ireland Assembly. It is also increasingly coming to the fore in England – especially since the Grenfell Tower fire. There are also very interesting developments taking place in the Republic of Ireland.

In the last two decades there has been considerable divergence in how housing issues are approached across Great Britain and Ireland which makes it quite a rich area to research.

What do you enjoy most about your work?

My work gives me the opportunity to pursue my academic interests in housing law and policy. It is a fascinating time to be researching this area as political devolution within the UK has really influenced legal developments in the field.

I also enjoy teaching across Land, Equity and Company Law. I am fortunate that my research in residential tenancy law can lead my teaching in land law. I increasingly find that teaching also influences how I think about my research , and in particular, how best to communicate it.

What is the potential impact of your research?

There is so much happening in housing law and policy at the moment that there is a lot of

scope for contributing to ongoing legal and policy debates. The wide divergence in tenancy laws across the UK provides an insightful framework with which to identify best practice.

This is particularly practical at present given the very many flaws in the various housing systems and the enormous numbers of people who have been marginalised in some way.

Have you received any significant funding?

I worked with my Southampton colleague Peter Sparkes, Professor of Property Law, organising a research team and successfully tendering for a European Parliament research project examining the cross border acquisition of residential property and the problems experienced by citizens. We have presented our findings to the Legal Affairs Committee of the European Parliament which was an interesting experience – although it was quite surreal being translated into so many different languages!

What is the highlight of your career?

One of my research goals is that my work has a practical edge. Over the past five years I have been supporting a group of council tenants in Ireland in their campaign for better housing conditions. The case was recently upheld by the Council of Europe and may well influence the development of law and policy in this area.

For more information, contact Mark Jordan: m.g.jordan@southampton.ac.uk

LANDMARK IRELAND HOUSING COMPLAINT UPHELD A Southampton Law School academic has played an instrumental part in a landmark case by a group of council tenants against the Irish State that has been upheld by the Council of Europe.

Mark Jordan was part of a small team that provided legal support to the tenants who claimed that the Irish State violated their right to housing under the Revised European Social Charter, signed

by Ireland in 2000.

The tenants’ complaint alleged poor housing conditions and other issues on local authority housing estates. The Council of Europe ruled that Ireland had failed to take sufficient and timely measures to ensure the right to housing of an adequate standard for a significant number of families living in local authority housing.

Mark, together with Dr Padraic Kenna, from the National University of Ireland Galway, drafted the response to the Irish State’s submission against the

case International Federation for Human Rights (FIDH) v Ireland Complaint No 110/2014.

The case was heard at the European Committee of Social Rights, in Strasbourg, and the decision may help shape Irish housing law and policy discourse.

Mark said: “I welcome the decision of the Committee, in finding that Irish housing law violates the right to housing of council tenants in Ireland under Article 16 of the European Social Charter. The decision marks the culmination of five years of hard work by tenants groups, law centres, and national and international human rights agencies.

the Committee found a clear violation. Part of the difficulty in bringing this case was the absence of meaningful statistics - the last State survey on the condition of local authority housing was completed in 2002 and so evidence had to be gathered from a wide range of sources to support the complaint.

“The decision is significant for shining a light on the acute difficulties facing local authority tenants in relation to housing conditions, and enforcement of housing rights. There is a real possibility that the decision could enhance the development of Irish State housing policy.”

“I am particularly pleased that on the main issue, the adequacy of local authority housing,

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Spotlight on...

Dr Emma Laurie is an Associate Professor in Law at Southampton Law School. Her most recent work was published in the Modern Law Review, one of the leading law journals.

The article was written jointly with Chris Bevan, an academic at the University of Nottingham, and is entitled ‘The Housing and Planning Act 2016: Rewarding the Aspiration of Homeownership?’ It provides a critical assessment of the 2016 Act, highlighting the detrimental impact on social housing and the consequences for people unable to access homeownership.

When did you join Southampton Law School and what is your role?

I have been at Southampton Law School for 15 years, having joined as a Lecturer in 2002.

I wanted to work at Southampton as I did my PhD here and I knew it was a Law School that emphasised excellence in both teaching and research. Both aspects are important to the Law School and reflected what I wanted in my academic career.

It is also a very friendly Law School and that means a lot to me.

What is your role?

I am the Module Leader for the final year optional module Renting Homes: Law and Policy and I love teaching on this because it reflects my research interests.

I am also the Module Leader for the final year dissertation module Legal Research and Writing. It is one of the things that makes Southampton Law School’s LLB (Hons) Law different and some students find researching and writing their dissertation to be quite a challenge, but also very rewarding. Employers really value it because it demonstrates a student’s ability to learn independently and use all the research and writing skills they have developed during their degree.

Do you have any other responsibilities?

I am also the Law School’s lead on Student Experience – ensuring that all the different aspects of our students’ overall experience are as good as they can be. This involves liaising 12

with a lot of different people, including our LLB (Hons) Law Director of Education Mark Telford and the Head of School Professor Brenda Hannigan.

Do you have any other positions of responsibility?

It is important that our students have an excellent experience at Southampton – one that challenges them to give their best, but also helps them to develop into well-rounded people who are prepared for the next stage of their lives, whether that’s in employment, further education or training.

Another of my research interests is social security which ties in closely with housing, as often people on low incomes may be entitled to help from the state to meet their housing costs. A fascinating aspect of social security law is that the detailed operation of it is made through Statutory Instruments (SIs). Often these SIs make changes that will have a huge impact on people’s lives, but because they are written in technical, legal language, they appear dull and impenetrable.

What is your area of research?

My main research interest is rented housing, it was the topic of my PhD and my first love. I can quite literally talk for hours on the subject!

I believe it is a fundamental necessity that we should all have somewhere to call home.

I research the law and policies that regulate the relationship between those who rent their home and their landlord. Access to affordable housing has – rightly – become a hugely significant issue for all the political parties which makes it a challenging and dynamic area of research.

I aim to use my research to influence policy makers, including the government and other political parties, to show them how changes in the law could be beneficial.

As academics we carry out rigorous, evidencebased research that can provide ammunition to challenge the prevailing approach which is quite often the result of the law not having kept up with changes in society.

What do you enjoy most about your work?

There are many things I enjoy about working here but the most rewarding aspect is feeling that I have made a difference in students’ lives.

It is always a delight to hear about former students and the work they’re involved in.

I have recently joined LinkedIn and it has been a pleasure to discover the fantastic careers that our graduates are pursuing.

I am one of the editors for The Journal of Social Security Law.

My job for The Journal of Social Security Law is to make SIs more easily understandable whilst maintaining the meaning, not the easiest of jobs! However, my predecessor at the journal was my former PhD supervisor, Judge and Emeritus Professor Nick Wikeley, who instilled in me the most valuable of lessons for all lawyers - clear prose and attention to detail are vitally important.

What has been the highlight of your career?

The highlight of my research career so far has been the opportunity to meet people from a wide range of backgrounds who have a passion for all-things housing. Attending conferences around the world has exposed me to the huge variety of work that’s being undertaken and it is a privilege to be part of that international community and to contribute to it.

Meet Dr Mel Kazarian: www.southampton.ac.uk/melkazarian

APPLYING CRIMINAL LAW TO MEDICAL MALPRACTICE Holding healthcare professionals to account.

Dr Melinee Kazarian’s research focuses on comparing the English and French criminal law responses to healthcare malpractice.

Recent studies have shown that in England the number of malpractice cases against healthcare professionals is rapidly growing and the attitude of judges towards claims for clinical negligence is also changing.

In England, the role of the criminal process in healthcare malpractice has been less fully analysed and until recently criminal law has played a very limited role in the regulation of healthcare practice. In contrast, in France the criminal process has for a long time been invoked more readily in response to malpractice cases involving even mere errors.

Melinee’s interest in the role of criminal law in healthcare malpractice was sparked during her LLB Law degree in France. Her PhD focused on comparing the use of criminal law in France and England in these cases, particularly looking at the HIV-contaminated blood episode in France in the 1980s.

Since then she has written papers exploring this issue in more depth and investigated whether greater use could be made of the criminal law in England.

She is currently working on a project comparing systemic failings in the level of care by Mid-Staffordshire NHS Foundation Trust between 2005 and 2009, and is writing a book, ‘Criminalising Medical Malpractice: A Comparative Perspective’ considering what lessons the French model can provide for potential reform in England and elsewhere.

She said: “Through my current research, I am aiming to explore what should be the proper role of the criminal law in cases of systemic failure in healthcare state institutions, as well as whether the criminal process is an appropriate means to respond to instance of healthcare malpractice.”

EXPLORING YOUNG PEOPLE’S PERCEPTIONS OF SEXUAL CONSENT David Gurnham

Harry Annison

Mark Telford

Research aims to foster communications between key stakeholders.

Professor David Gurnham, Dr Harry Annison and Mark Telford have engaged with young people to find out more about how they understand and navigate this difficult topic.

The aim of the project is to foster important channels of communication and dialogue between researchers, professionals and the public.

Their research involved a number of focus groups containing undergraduate students and pupils from local schools.

David said: “We hope that the delegates will find it helpful to debate our findings and explore their implications for policy and practice.

Their findings are due to be discussed at a round table workshop in December 2017, that will be attended by representatives from Hampshire police, criminal lawyers, academics, students, as well as charities and other organisations that provide support services for young people and victims of sexual offences.

“As well as advancing knowledge in this area, we are also seeking to use our research to inform and strengthen understanding and relations between parties, such as young people, the police and service providers.”

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Feature

PRIVACY AND DATA PROTECTION EMBRACING NEW REGULATION Dr Sophie Stalla-Bourdillon, Associate Professor, and Alison Knight, Research Fellow, have developed a novel approach for assessing data analytic practices from a privacy and data protection perspective to embrace the changes brought about by the new EU General Data Protection Regulation (GDPR) that comes into effect in May 2018.

The publication of their research has led to introductions by another unrelated group Anonos Inc, in the USA, who are developing technical-legal compliance tools using a similar approach aligned to the same objectives. The two groups have joined forces to raise the profile of their message in new publications and at speaking events.

They acknowledge that the immense potential of data analytics cannot be realised unless smart technical-legal measures (exemplifying so-called ‘data protection by design’ required by the GDPR) are put in place for handling and repurposing data relating to persons in ways that allow maximum data utility value extraction while also protecting people’s interests raised by the processing of data about them.

Sophie and Alison, together with the head of Anonos, are due to be among a panel of speakers at the Computers Privacy and Data Protection (CPDP) Conference in Brussels in January, 2018.

Sophie and Alison’s related paper, ‘Anonymous Data v Personal Data – A False Debate: An EU Perspective on Anonymisation, Pseudonymisation and Personal Data’ has been published in the Wisconsin International Law Journal, and by the Social Science Research Network (SSRN).

Separately, they are both involved in the ‘Data Pitch’ research project, funded by the EU Horizon 2020 Programme, and headed up by Computer Science at Southampton. The ultimate aim of this project is to support data providers, small and medium enterprises, and start-ups to engage in open innovation in data reuse in the EU.

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Sophie is Director of the University of Southampton’s Institute for Law and the Web (ILAWS), and Alison is a Research Fellow and Solicitor in the final stages of her interdisciplinary PhD with ILAWS and the University’s Web Science Institute. Her research focuses on personal data, data anonymisation and data protection law.

The pair write a blog on IT law issues: https://peepbeep.wordpress.com/

Find out more about iClic: www.southampton.ac.uk/ilaws

iCLIC LEADS EU COPYRIGHT POLICY DEBATE Southampton’s interdisciplinary Core on Law, Internet and Culture (iCLIC) has been at the forefront of the policy debate on EU copyright reform, including intermediary liability.

Intermediary liability is when a company facilitates the use of the Internet and can be held responsible for what its users say or do online. This has potential implications for a range of areas including: political elections, the fight against terrorism and extremism, prohibition of child pornography and hate speech, data protection, freedom of expression, and copyright protection.

Sophie, together with Associate Professor in Intellectual Property Law, Eleonora Rosati, has also engaged in the policy debate at the

European level in the wake of the release of a proposal for a new Copyright Directive.

The pair took the lead in writing an open letter signed by 40 European academics and submitting it to a number of EU institutions, including the European Commission, the European Parliament and the Council. The letter was followed by an extended statement to further highlight the potentially most problematic aspects of the proposal.

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Find out more

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