'Tracking People':controversies and challenges

Lead Research Organisation: University of Leeds
Department Name: Law

Abstract

The network will foster debate and collaboration between academics, policy makers, designers and practitioners about the ethical, legal, social and technical issues arising from the current and future use of non-removable wearable devices that enable location monitoring or tracking of wearers by a third party (tracking devices). This unique and innovative international cross-disciplinary network will explore the use of tracking devices in a number of domains including their use with offenders, mental health patients, young people in care and dementia patients. In most of these settings the use of tracking devices is controversial and has resulted in significant academic and public debate. Concerns centre on privacy, ethics, data protection, efficiency, effectiveness, the efficacy and suitability of the equipment design, the involvement of the private sector as providers and operators as well as the potential for discriminatory use. Despite high levels of disquiet, governance and regulatory structures lag behind the capabilities and applications of the tracking technologies.
Exploring the use of tracking devices in a variety of settings and across jurisdictions will highlight synergies and discontinuities in the implementation, debates and challenges surrounding its current and future use. The network will result in new empirical, conceptual and theoretical insights into the use of tracking devices creating a greater appreciation of the legal, social, ethical and technical issues arising from their use. It will also facilitate the sharing of technical and methodological knowledge and skills across domains and set out an inter-disciplinary research agenda for the future.
The network will be led by a cross-disciplinary team at the University of Leeds and involved academic and research users primarily from the UK and Europe. The network will comprise: academics and postgraduate and early career researchers from the arts, social and medical sciences, engineering, and product design; policy-makers and practitioners from criminal justice, health, immigration and education from the UK and Europe; voluntary sector organisations; and private companies involved in the design, manufacturing and operation of tracking devices. The network will be unique in bringing together experts from a range of domains and jurisdictions to examine the applications of a single, under-researched technology from multiple disciplinary perspectives. It will lead to new and better shared knowledge, understandings and insights via exposure to the challenges and opportunities faced in each setting.
The network will encourage cross-disciplinary research, build research capacity and seek to contribute to evidence-based policy making. It will strive to influence legal and policy development so that it is able to keep better pace with technological advances. It will seek to inform the technological development of tracking devices so that greater attention is paid to ethical and social concerns in their design. It will also better inform arts and social and medical sciences academics, policy-makers and practitioners about the technical limitations of tracking technologies resulting in a greater understanding of the potential and boundaries of these devices.
The network will develop over a period of 18 months through a series of four events which will culminate in a final conference. A series of briefing papers will be published as well as an edited collection, articles placed in academic and practitioner journals and papers delivered at conferences. The network will reach a wide audience beyond event participants via a bespoke website, blogs and Twitter. The intention is for the network to continue after the funding has ceased and for members to collaborate on future research projects and events.

Planned Impact

The use of tracking technologies is increasing common in a number domains including criminal justice, mental health, primary care and with children and is likely to expand further in the future in terms of both numbers and uses. Yet the governance and regulatory frameworks surrounding the use of tracking technologies lag significantly behind its practical use in an increasing number of domains, often being introduced on an ad hoc basis or as part of small pilot projects. The network will provide a forum for discussion of increasingly urgent questions facing policy makers and practitioners about how best to use these emerging technologies to bring advantages to society (greater individual and public safety, reduced offending etc.) whilst safeguarding the rights of individuals. The network and associated events will bring together academics and research users from different domains and jurisdictions to discuss the deployment of tracking technologies in a variety of settings and explore synergies and discontinuities between sectors. The network events will be inclusive and involve a wide range of beneficiaries from outside of academia including:
European institutions including Council of Europe, European Commission DG Justice, Health and Food Safety and Research and Innovation; Government departments in the UK and Europe, Statutory sector agencies and organisations (National Probation Service, Community Rehabilitation Companies, police forces, Youth Offending Services, NHS England and Health and Social Care Information Centre, hospitals and secure units); Professional associations (National Police Chief's Council, College of Policing, and the Confederation of European Probation (CEP), Royal College of Physicians); National voluntary sector organisations (VSOs) (Howard League, Liberty, Mind, Age UK, Dementia UK, Dementia Action Alliance, Alzheimer's Society, the Family Rights Group and Victim Support); Local VSOs (Leeds Older people's Forum, Dementia Friendly Leeds and Carers Leeds); Private sector technology companies and consultants involved in the design, manufacture and deployment of tracking devices.
The inclusion of policy-makers, practitioners and technology providers and designers will bring immediate benefits in that participation will present an opportunity to reflect upon the current situation and practices and to explore and discuss alternative perspectives. It will also provide an opportunity for informed strategic thinking amongst all participants. For the research community the events will bring immediate benefits in terms of an appreciation of current knowledge and gaps, consideration of appropriate methodologies and provide an opportunity for strategic thinking about future research agendas and priorities. Moreover, it will present opportunities to identify future research and collaborative projects amongst members. It is envisaged that the network will be agenda setting in terms of policy, practice and research.
The main themes of the network's events will be disseminated to a wide audience beyond its participants. The network will have a dedicated website on which presentations and a summary of the discussions will be posted. The network website, blog and Twitter accounts will be utilised to publicise the network, disseminate on-going findings and conclusions and to publicise events therefore sustaining engagement from research users during and after the network events. In addition the following knowledge exchange activities will take place to ensure the highest level of potential impact on research users:
i. A series of briefing papers tailored to particular audiences summarising the main themes of each event will be published.
ii. An edited collection will be published reflecting the cross-disciplinary aims of the network.
iii. Articles will be published in a range of relevant practitioner journals.
iv. Invitations will be sought to present the network's findings at practitioner conferenc
 
Description The funding was used to set up a network which brings together academics from different disciplines alongside policy-makers and practitioners from different sectors to share insights and debate the benefits and challenges presented by the use of wearable tracking devices. The network now comprises of 420 individuals from a wide range of backgrounds including academics, national and local government, criminal justice agencies, medics, engineers, designers and the private and third sector. The network has a website comprising reports and presentations from the four public events, briefing papers, blogs and a twitter account (see http://trackingpeople.leeds.ac.uk).
Five events were organised over a period of 24 months. Three of the events were seminars each with a particular focus - an introductory seminar which scoped the landscape and two further seminars focussing on legal and ethical debates and technological and methodological challenges respectively. The speakers at the event came from a variety of academic disciplines including the social sciences, health, engineering (mechanical and electrical), philosophy and ethics and law. Researcher users spoke at all events and speakers included representatives from government, policy and practice communities and individuals from the third and private sectors. Researcher users with backgrounds in health, elderly and social care, law, criminal justice and children's services spoke at the events. An integral part of the third event was a workshop to design 'the ultimate tag' using the principles of user-led design. The first three events were attended by an average of 40 individuals each.
The fourth event was a larger conference held in London attended by 91 delegates which summarised the main themes of the three earlier events and looked to the future use of technologies to track people. A good range of participants attended each of the events. Around 25% of attendees were academics with the remainder coming from the private sector (21%); national and local government (12%); police (10%); private sector (21%) and third sector (8%). As originally envisaged, many delegates attended more than one event and a core group attended them all. As a result, themes and issues were drawn out between events. Delegates who attended the four public events were overwhelmingly positive with 97 per cent stating that they were very satisfied or satisfied with the event they attended.
A fifth event was held in November 2018 to bring together the contributors to the edited collection. This event was a two day symposium where contributors presented the content of their proposed chapter to receive feedback and to generate discussion of cross-disciplinary themes. Participants included social scientists, medics, computer and data scientists, philosophers and engineers.
Especial efforts were made to include PhD students. Bursaries were provided to enable their participation. A total of 23 PhD students attended the events and one presented at the third seminar. Reports summarising the themes and issues discussed at each event were authored by PhD students and were published on the website and circulated to network members.
The findings of the network have also been presented at both academic and practitioner conferences and seminars. So far, papers have been presented at the British Society of Criminology Annual Conference and Socio-legal Studies Association Annual Conference and at the Confederation of European Probation Electronic Monitoring conference. Further conference presentations are planned.
The main discovery of the network is that its premise, i.e. that there were significant synergies between debates about the use of tracking devices in different settings and that important insights could be gained from bringing together disciplines/sectors, was accurate. Nearly everyone who attended the events mentioned the opportunity to network and learn from other sectors as the most useful aspects of the events. Many stated that they had been unaware previously that similar debates and issues arose in fields outside of their own. For example, one participant wrote 'I always thought of electronic monitoring' in the criminal justice sense not in the health sense, so this was informative and enlightening'. Other outcomes of the network mentioned consistently were improved knowledge of technologies, policies and other areas outside of participants' expertise; improved understanding of other practitioners' roles in tracking; and increased understanding of technologies and the socio-technical and design aspects of tracking.
The network also illuminated the widespread use of tracking devices in society and that tracking people has become an everyday activity for many. Consequently, the discussions at the events broadened to include all types of technologies used track people and their behaviour and not just those that were its original focus. An important theme, therefore, was that the issues raised by tracking people go far beyond non-removable tracking devices, which were the original focus of the network, to the use of apps and other technologies such as those used in healthcare to monitor aspects of bodily functioning. Whilst the focus of the network remains predominantly on wearable tracking devices, the events and the edited collection, which is in preparation, encompasses a greater range of technologies than first envisaged.
The second major theme which emerged was the way in which these technologies were creeping into everyday life largely without debate or scrutiny. A specific concern was the lack of regulation outside of the criminal justice system. Many of the technologies are available to buy, and are specifically marketed to carers as a way to keep their loved ones safe, without any acknowledgement of, or debates about, the potential implications, drawbacks and ethical challenges.
A third theme was how use and design of both technologies and systems was being pushed by the available technologies rather than by users and this was potentially resulting in a gap between what available technologies can do and what is required. A related theme was the lack of uptake and/or continuous engagement with the technologies which results in significant differences between potential and actual deployment. The potential challenges arising from the involvement of the private sector in the provision of the technologies and the systems to support them was also a theme which permeated debates.
Another theme was the differences in how advanced the technologies were in each of the sectors and how similar technologies have been adapted and improved to meet the requirements of different societal challenges. However, the sectors generally worked in isolation (with a few exceptions) and there was little evidence of learning across sectors. By contrast, concerns were raised by the potential for multinational companies to become involved in providing tracking equipment in many areas of public policy (criminal justice, immigration, family law and so on). As envisaged the Network became a forum for exchanging knowledge and ideas and also best practice. In relation to the latter, many participants were introduced to systems and user-led design approaches for the first time.
Exploitation Route The use of technologies to track individuals' movements and behaviours is now part of everyday life and is one of the many technologies that are permeating every aspect of our lives. The network has demonstrated the importance of cross- and inter-disciplinary collaborations to think through the implications and challenges presented by one such technology, highlighting urgent issues which should be debated in order to ensure legal and ethical use of tracking technologies for the benefit of users and society. Similar collaborations, particularly between the natural and social sciences, in relation to other technologies are likely to yield similar results.
Sectors Communities and Social Services/Policy,Digital/Communication/Information Technologies (including Software),Healthcare,Government, Democracy and Justice,Manufacturing, including Industrial Biotechology,Security and Diplomacy

URL http://trackingpeople.leeds.ac.uk
 
Description Generating impact is a central aim of the network and the potential to influence policy and practice is significant particularly because three-quarters of those who attended the events were non-academics. Dissemination activities are well underway and much more is planned. Three briefing papers have been produced which have been widely distributed to network members via e-mail and to a range of other individuals and organisations in both hard copy and by e-mail. A total of 750 sets of briefing papers have been distributed in hard copy so far, most of which are to policy-makers and practitioners. The briefing papers are available on the website and have been widely publicised via social media. The events had an immediate impact on participants' views. Over four-fifths of participants who provided feedback stated that the events had changed their views of tracking. Most of the remaining fifth said that they were already had a good knowledge and understanding of tracking before joining the network. In addition, 50 expressly said that they were going to take action as a result of attending the events. Common themes were: to consider ethical issues arising from the use of tracking devices most thoroughly; increased confidence to work with colleagues and stakeholders; to contact and work with others they had met at the event(s); to challenge established practice in their organisations; and, to share knowledge from the events with colleagues.
First Year Of Impact 2017
Sector Healthcare,Government, Democracy and Justice
Impact Types Societal,Policy & public services

 
Description Influence on Ministry of Justice electronic monitoring policy
Geographic Reach National 
Policy Influence Type Participation in a guidance/advisory committee
Impact Participation of civil servants from the Ministry of Justice at the Tracking people events influenced thinking in relation to a range of policy decisions made about the use of electronic monitoring (EM) in the criminal justice system. The influence was by gaining a greater understanding of issues related to the use of EM particularly across different sectors including medicine and mental health which thre participants were previously unaware of.
 
Description Influence on government policy relating to the use of electronic monitoring in immigration cases
Geographic Reach National 
Policy Influence Type Participation in a guidance/advisory committee
 
Description Scoping the landscape and debates across domains 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact 52 individuals attended an event organised to examine the current landscape and debates in the use of tracking devices across a range of domains. It will identify the available technologies, chart how and where tracking devices are currently deployed, consider explanations for their current use and explore the opportunities, challenges and controversies presented by the deployment of the technologies. The participants reported increased knowledge and understanding of tracking technologies in the domains of criminal justice, immigration, mental health especially dementia and terrorism.
Year(s) Of Engagement Activity 2016
URL http://trackingpeople.leeds.ac.uk/2016/08/tracking-people-scoping-the-landscape-and-debates-across-d...
 
Description Tracking people: legal and ethical debates 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact 45 policy-makers, practitioners, representatives of private companies, academics and postgraduate students attended a workshop which included time for questions, comments and discussion. Some participants reported that it had changed their views of tracking and that they would do something different in their professional lives. The workshop also provided time for networking between participants.
Year(s) Of Engagement Activity 2017
URL http://trackingpeople.leeds.ac.uk/2016/08/tracking-people-legal-and-ethical-debates/
 
Description Tracking people: looking to the future 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact 80 policy-makers, practitioners, representatives of private companies, academics and postgraduate students attended a workshop which included time for questions, comments and discussion. Some participants reported that it had changed their views of tracking and that they would do something different in their professional lives.
Year(s) Of Engagement Activity 2017
URL http://trackingpeople.leeds.ac.uk/2016/08/tracking-people-looking-to-the-future/
 
Description Tracking people: technological and methodological challenges 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Industry/Business
Results and Impact 57 policy-makers, practitioners, representatives of private companies, academics and postgraduate students attended a workshop which included time for questions, comments and discussion. Some participants reported that it had changed their views of tracking and that they would do something different in their professional lives.
Year(s) Of Engagement Activity 2017
URL http://trackingpeople.leeds.ac.uk/2016/08/tracking-people-technological-and-methodological-challenge...
 
Description conference presentation 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Conference presentation at the Confederation of European Probation (CEP) bi-annual Electronic Monitoring Conference, Zagreb, April 2018
Year(s) Of Engagement Activity 2018