Smart? City! by Anita Nijboer

Anita Nijboer is a lawyer, as part of a collaborative project with Dutch municipalities and entrepreneurs they did research to look at the implications and challenges of developing smart cities from a juridical perspective.

Transcript

1. Smart? City!
2. Anita Nijboer, Partner T: +31 (0)70 374 63 07 F: +31 (0)70 374 63 33 E: nijboer@ekelmansenmeijer.nl I: www.ekelmansenmeijer.nl
4. Why?
5. Once we got electricity…
6. …Now we have a datalayer
7. We can use those data to design better citys Leads to better citys
8. Ethical debate Rules: >>protecting citizens >> Level playing field >> helping innovations
9. SMART CITY ➢Which ethical dilemma’s can arise? ➢Which existing regulation is there? ➢Which possibilities are there for municipality's to regulate the Smart city themselves?
10. What do we value? 1 - Privacy 2 - Autonomy 3 - Safety 4 – Knowledge of Technology 5 – Human dignity 6 – Justice 7 – Balance of power
11. Case • In the near future….. • I drive tot the city to do some shopping. Despite the fact that I haven’t had damage in years I pay more car insurance than my husband. Since I’m a woman an algorithm calculated that the risk of parking damages is substantial (JUSTICE). I’m not aware this is the reason I pay more nor does the Insurance Company know. (KNOWLEDGE OF TCHNOLOGY)
12. • In the near future….. • Arriving in the city, I use a public bathroom. A I walk out, I get an app that says: ‘congratulations you are 3 weeks pregnant, who would have thought that was still possible. Your GP and your insurance company are informed.’ (PRIVACY) • Another app: “your insurance just went up with 100%, since being pregnant at your age is a huge risk factor. If you terminate the pregnancy your insurance will go down again.” (AUTONOMY, BALANCE OF POWER, JUSTICE) Case
13. • In the near future….. • Stressed out, I need some food. Preferably a big hamburger. But whatever I do, Google maps leads me to a Salad bar, because my weight and cholesterol is too high at the moment. (PRIVACY, AUTONOMY) Case
14. Case • In the near future….. • Another 10 app’s : my colleagues at work. Asking what I’m going to do about my pregnancy. Apparently the public bathroom made a mistake and has sent the information to all my contacts. (PRIVACY, SAFETY) • Had I known this bathroom gathered this information I would never have went there.
15. Case • In the near future….. • Arriving at the Salad bar , I just want to talk to someone, and complain about my misfortune. Unfortunately, there are only robots working at the salad bar, and at every restaurant and store in town for that matter. (HUMAN DIGNITY) • I order a wine, but the server robot tells me I’m not allowed wine in my condition (PRIVACY, AUTONOMY)
16. Main question Do we want to allow everything that is possible?
17. Framework • Existing regulation? ➢Privacy & Safety (International, European, Dutch: specific) ➢Autonomy, Justice, Human Dignity, Balance of Power, Knowledge of Technology: Human rights, hardly any specific regulations
18. Framework EU: Commission is asked to work on regulation “ In establishing basic ethical principles to be respected in the development, programming and use of robots and AI and in the incorporation of such principles into Union regulations and codes of conduct, with the aim of shaping the technical revolution so that it serves humanity”
19. Framework EU, GOAL ❑ Establishing an ethical framework for the development, design production use and modification of robots and AI ❑ A code of conduct for robotic engineers ❑ A code for reviewing robotics protocols ❑ Model licenses for designers and users ➢ freedom, self-determination ➢ integrity, human dignity ➢ Health, security, safety ➢ Privacy, personal data protection ➢ non-discrimination, non–stigmatization, equality ➢ Transparency: supply the rationale behind a decision, reduce a systems computations to a comprehensible form , having a black box ➢ Beneficence, non-maleficence
20. Framework Specific rules for: ➢ Autonomous vehicles ➢ Drones ➢ Care robots ➢ Medical robots ➢ Human repair and enhancement Considering ➢ Education and employment ➢ Environmental impact ➢ Liability
21. In the meantime
22. Municipalitys Possibilities for setting general limits by a municipality? Municipal regulations (*gemeentelijke verordening) ➢ Municipal public interest ➢ Existing regulation is non exclusive ➢ Not in breach with existing regulation 2021: “Omgevingsplan” ➢ Fysical environment ➢ Existing regulation is non exclusive ➢ Not in breach with existing regulation
23. example: data ➢ Who can see the data? ➢ Who can use the data? ➢ Can it be used for commercial purposes? ➢ Should data be given free (open data)? When are open data not possible or undesirable? ➢ Are there personal data (GDPR) ➢ Who can supply the data ➢ Who can further process the data ➢ What information can be gained by putting data from different sources together?
24. Example: data • Non personal data: regulation? ➢ Vulnerable? ➢ Usable? ➢ Safety? ➢ Commercial use? ➢ Algorithm? ➢ Use for different purposes?
25. Smart City Existing law Other regulation (in the making) Values Framewor k & assessmen t
26. Smart City Existing law Other regulation (in the making) Values Framewor k & assessmen t