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"Digital rights education is essential in Timor-Leste to empower individuals to protect their privacy, promote freedom of expression, and foster digital inclusion."

Dr. Taofeeq Adebayo is breaking entrenched language barriers and the digital divide by teaching scientific and technological concepts in Yoruba through digital platforms.

Can privacy and innovation really go hand in hand? What can we do to safeguard sensitive data today, and what's in store for the future? Dan Cassara, Project Manager for the Digital Credit Observatory (DCO), explores these questions and more in the second part of this two-part series on privacy enhancing technologies and their role in financial inclusion. If you missed part one, click here to check it out.An employee at Radio Shabelle prepares the studio for an upcoming show | Tobin JonesTrust is fundamental for an improved digital financial system. As discussed in part one of this series, privacy enhancing technologies (PETs) play a central role in enabling trustworthy and responsible innovation. Despite the complexity of data privacy, policymakers are exploring regulatory approaches. Europe's General Data Protection Regulation (GDPR) may be the most well-known regulation, but it is not the only one. Globally, more than 130 countries have data privacy laws, a number many anticipate will increase as decision makers learn more about the benefits and challenges of responsible data usage.In conversation with partners, policymakers, and practitioners, CEGA explored this subject at its 2022 Africa Evidence Summit in Kigali, Rwanda. Key insights from the summit are summarized below:What: Minimizing data collection avoids the possibility for sensitive data to be improperly used or shared and is one of the most intuitive ways to protect privacy. When collecting sensitive or identifying information cannot be avoided — for example, for medical research — the next best step is to de-identify the data as soon as possible.How: Gathering informed consent prior to collecting any information is vital to conducting ethical research or providing services in most circumstances. However, Informed consent is based on complete, accurate, and understandable information, and it is important to recognize its limits. Often, these criteria are not met; for example, most privacy policies are designed to not be read. Even when all criteria are met, pressing needs can push people to accept terms they may otherwise reject. Regulatory guardrails can help balance the equation. For example, the Central Bank of Kenya has released regulations to address these types of concerns, which is a model that other governments can emulate.Where and Who: Safely storing data through encryption — scrambling data so it can only be unscrambled and read with authorized access — and putting appropriate access controls in place — limiting data access to authorized users — are two of the most commonly used security tools to protect data from being accessed outside its intended context. Unfortunately, many fintech apps either do not encrypt all data or use outdated modes of doing so, which leaves many of their customers vulnerable to data breaches. Requiring financial institutions to adopt the most secure standards for encryption and communication should be a high priority, whether through voluntary adoption or regulatory guidance.Why: There are typically trade-offs between privacy and accuracy, and effectively evaluating them is dependent on what purpose the data will serve. For example, public health guidance has historically permitted surveillance without consent in some settings where obtaining consent would not be possible or would impede public health goals, judging these benefits to outweigh privacy needs. It is imperative, however, that the usage of data is limited to its initial purpose. While cell phone data can be leveraged for humanitarian aid delivery or to benefit public health, the data shouldn't be used later for other purposes.The ongoing data revolution will likely transform the way people around the globe access and interact with financial services. This change has the exciting potential to promote financial inclusion and lift people out of poverty, but it also comes with risk of data misuse, financial loss, and infringements upon privacy.While protecting individual privacy and peace of mind is worth pursuing in and of itself, the benefits of proper data privacy frameworks go well beyond this. Using data improperly and not using data at all, for instance, both come with costs. Many private sector companies and government initiatives seek the same data but, lacking the means to responsibly and legally share it, collect it separately. This drives up costs and impedes innovation. Those with the least typically pay the largest share through higher interest rates, lower accessibility, and little to no data privacy.Tools like PETs can help mitigate risks and promote responsible innovation. More research is needed to explore how these tools can be best utilized to improve the financial well being of those excluded from the formal financial system. CEGA is contributing to this effort by funding a research agenda that examines key questions, such as:How do local definitions of data privacy vary by context, how can we best measure this, and how can we ensure local voices and values are incorporated into decision-making processes?What PETs or other tools are best suited for solving specific privacy problems, and can we analyze their effectiveness in doing so?How can privacy enhancing tools enable data portability and data sharing, which could unlock new or improved public goods such as credit bureaus or anti-terrorism monitoring systems?CEGA's Digital Credit Observatory (DCO) is building a portfolio of research and a community of researchers and practitioners that will drive a more comprehensive understanding of the challenges and solutions to protecting data privacy in low- and middle-income countries. If you're interested in research funding, collaborating, or learning more about the DCO, we'd love to hear from you at digitalcredit@berkeley.edu.Beyond Disruption: Rebuilding Privacy in the Digital Era was originally published in CEGA on Medium, where people are continuing the conversation by highlighting and responding to this story.

Dan Cassara (CEGA Project Manager, Financial Inclusion) and Ariana Zapanta (IPA Research Manager, Financial Inclusion) introduce a new synthesis on the relationship between the digitization of credit and development. Explore the full report or a condensed summary.The first digital credit loan was made in Kenya in 2012 [1]. By 2019, these loans had spread across the globe, with billions of dollars of credit disbursed to consumers in low- and middle-income countries (LMICs) [2]. Though the proliferation of quick and easy loans made demand for these products clear, their impact on consumers was uncertain.While proponents hailed digital credit as a transformative development with the potential to drive financial inclusion and reduce poverty, reports of fraud, exploitation, and over-indebtedness led to concerns that many digital credit users suffered financial harm. Until now, a shortage of rigorous evidence has made it difficult to answer questions about the true impacts of the first wave of digital loans. Even as a sufficient body of evidence has formed to evaluate early digital credit products, rapid evolution in the market and the digitization of new credit products over the past decade has further complicated the challenge of fully understanding the impacts of digital credit today. Insights from early evaluations should be applied to critically assess newer forms of digital credit and focus future support on more productive and impactful products.A New SynthesisSupported by the Bill & Melinda Gates Foundation, Mobile Instant Credit: Impacts, Challenges, and Lessons for Consumer Protection is a collaborative report from the Center for Effective Global Action (CEGA) and Innovations for Poverty Action (IPA) that contributes to a shared vocabulary, reference base, and conceptual framework to advance discussion on the relationship between the digitization of credit and development. The report draws on evidence mainly from CEGA's Digital Credit Observatory (DCO) and IPA's Consumer Protection Research Initiative (CPRI). Both initiatives have supported extensive research on digital credit and approaches to better protect consumers and support their financial health.This new report should temper both the fears of critics and optimism of proponents. The current evidence on digital credit suggests the average consumer has not benefited economically, but did see modest improvements in subjective well-being. Causal studies did not find that recipients were harmed by digital loans, but descriptive evidence showed a rise in problems such as debt stress, price shrouding, overcharging, and predatory collection practices. When considered alongside the proliferation of digital credit, these challenges necessitate new consumer protections.A small-business owner can be seen serving patrons in her restaurant in Nkhoma, Malawi. | Credit: Bill & Melinda Gates Foundation/Barbara KinneyKey EvidenceThe report focuses on studies investigating the welfare impacts of digital credit, the forms of misconduct associated with digital credit, and the effectiveness of consumer protection tools. It emphasizes the narrower topic of Mobile Instant Credit (MIC) — small digital loans that are primarily marketed and used for consumption — and airtime loans, which together comprised the first wave of credit digitization. As digital credit continues to evolve with new products like Buy-Now Pay-Later, overdraft facilities, and Pay-As-You-Go schemes, this report synthesizes research on MIC to generate insights that can inform digital credit-related policy more broadly.The report's main findings include:The current evidence on MIC and airtime loans reveals modest improvements in subjective well-being for the average consumer. Most loans are small — the average loan was less than US$3 in half of the studies on the welfare effects of digital loans — which may limit how large the impacts can be. Although the majority of evidence indicates MIC has not affected financial outcomes, including resilience, consumption, and financial health, studies that examined subjective well-being found a positive impact. One research team speculated — with the caveat that more evidence is needed — that the ability to access resources in times of need can relax constraints that damage mental health, consistent with prior studies [3, 4].The absence of negative impacts contrasts with robust descriptive evidence on the diverse consumer harms associated with rapidly digitizing credit, including rising debt stress, price shrouding and overcharging, predatory collections, and fraud. The rapid digitization of finance in many regions of the world has revealed new and growing consumer protection risks. While digital credit does not appear, on average, to harm consumers' financial health, ability to save, or overall spending, descriptive evidence from digital finance and mobile money, which underlies MIC and digital credit, reveals misconduct and other risks.Upgrading consumer protection regimes is imperative given the increasing digitization of finance and credit. Fortunately, there are promising approaches to improve market monitoring and empower consumers. Despite existing challenges, a handful of causal studies and pilot interventions confirm the effectiveness and feasibility of interventions to address consumer protection concerns. New data sources and collection methods, along with advanced data analytics, suggest that a next-generation approach to market monitoring would enable regulators to move towards preventative interventions. Further, several interventions directly targeting consumer and provider behavior have empowered consumers in early evaluations, and may be effective if scaled up.Policy InsightsDigital credit is growing and evolving rapidly, with providers increasingly using digital lending to offer more than just small consumer loans and targeting a wider array of sectors, from agricultural finance to e-commerce. The digital credit model has the potential to enable growth as reduced costs, faster underwriting, and better information on prospective borrowers may lead to more suitable and sustainable products, particularly in more productive parts of the economy. Evidence on Mobile Instant Credit and airtime loans is particularly informative for emergent forms of consumer-oriented digital credit, such as Buy-Now Pay-Later and overdraft products. However, the effectiveness of many forms of digital credit, particularly those focused on productive activities, remains unexplored, and regulatory frameworks are still being developed in many countries, leaving consumers at risk. More research is needed to understand who benefits from digital credit, and why.There are also clear dangers to maintaining the status quo in unregulated or underregulated markets. Although causal studies have not found clear negative impacts of MIC and airtime loans, decision-makers should consider a broader set of evidence. Robust descriptive studies highlight diverse consumer protection challenges associated with digitizing credit, and there is evidence that the most vulnerable people are more susceptible to fraud and exploitation as they enter the formal financial system via digital credit. Though risks have grown, initial research on new market monitoring techniques and interventions to directly support consumers have shown promise, and could pave the road to more proactive regulatory approaches.Despite what remains unknown, there are reasons for optimism. Digitization has catalyzed rapid growth in financial inclusion, and addressing known policy issues now can be instructive for informing management and regulation of digital credit products more broadly, including the potential movement of digital credit into more productive parts of the economy. Mobile Instant Credit: Impacts, Challenges, and Lessons for Consumer Protection gathers existing evidence on the relationship between the digitization of credit and development, while clarifying the need for further research. Whether the next evolution of digital credit improves upon the first to provide less risky and more transformative solutions will depend on the evolution of commercial product design and public policy to monitor markets and protect consumers.References:[1] Totolo, E. (2018) Kenya's Digital Credit Revolution 5 Years On. FSD Kenya, Blog. https://www.fsdkenya.org/blogs-publications/blog/kenyas-digital-credit-revolution-5-years-on/[2] Cornelli, G., J. Frost, L. Gambacorta, P.R. Rau, R. Wardrop, T. Ziegler, (2023) Fintech and big tech credit: drivers of the growth of digital lending. Journal of Finance and Banking, 148, 106742. https://doi.org/10.1016/j.jbankfin.2022.106742[3] Haushofer, J., E. Fehr, (2014) On the Psychology of Poverty. Science 344, no. 6186: 862–867. https://www.science.org/doi/10.1126/science.1232491[4] Banerjee, A., M. Faye, A. Krueger, P. Niehaus, T. Suri, (2020) Effects of a Universal Basic Income during the pandemic. UC San Diego Technical Report.The Promise and Harms of Digital Credit: What Does the Evidence Say? was originally published in CEGA on Medium, where people are continuing the conversation by highlighting and responding to this story.

Celebrating the DAISI Regional Scholars Program — Two-Years StrongThe Regional Scholars Program has taken center stage at the Digital Agricultural Innovations and Services Initiative (DAISI) nearly two years after its launch. The DAISI Regional Scholars Program is integral to the DAISI initiative, which is co-managed by the Center for Effective Global Action (CEGA) at the University of California, Berkeley, and the Abdul Latif Jameel Poverty Action Lab (J-PAL) at the Massachusetts Institute of Technology and promotes research opportunities for scholars based in sub-Saharan Africa and South Asia.In this blog, Abel Mkulama, Program Associate at CEGA, highlights the DAISI Regional Scholars Program's successes since its launch in 2021.Credit: Adobe StockBuilding Bridges in ResearchGenerating evidence that can positively impact policy decisions requires a deep understanding of the local context and relationships with policymakers. Though researchers from low- and middle-income countries (LMICs) often possess both, according to a UNESCO report [1], they only produce two percent of the world's research output. This is mainly due to limited access to research funding and research tools. However, impact evaluation capacity in LMICs is now increasing [2], thanks in part to programs such as the CEGA's Global Networks Program and the J-PAL Scholars Program that provide direct research training, mentorship, and funding opportunities for researchers based in LMICs who are using innovative approaches for reducing poverty.In 2021, CEGA and J-PAL launched the Digital Agricultural Innovations and Services Initiative (DAISI), which funds research to rigorously evaluate programs that increase the availability, quality, and reach of bundled digital agricultural solutions and services for small-scale agricultural producers in South Asia and sub-Saharan Africa. As part of DAISI's activities, the DAISI Regional Scholars Program advances funding opportunities and fosters mentorship for researchers interested in impact evaluation methodologies who hold a PhD and are based at academic institutions in South Asia and sub-Saharan Africa.Mentoring Scholars On the RiseDAISI's success is closely tied to our partnerships, strong network of researchers, and collaborative culture. The DAISI Regional Scholars Program affirms that local researchers are uniquely positioned to leverage contextual knowledge of the regional policy landscape and stakeholders to identify and evaluate relevant topics that can translate into meaningful policy action for achieving their nation's development goals.The program includes mentorship activities, fostering collaboration by pairing a Scholar with a CEGA or J-PAL-affiliated researcher who is based in a leading university and has experience conducting randomized impact evaluations. The mentorship provides space to share knowledge, engage in meaningful discussions, and explore research ideas. Scholars also receive constructive feedback while gaining hands-on experience in impact evaluation methods. Additionally, DAISI intends to convene Scholars for targeted interaction, fostering connections with both CEGA and J-PAL staff. To date, we have organized one virtual convening and expect to host more gatherings in the future.Embedded in the underlying framework of this program is an approach that invests in and nurtures talent through global academic collaboration. We believe that mentorship serves as a crucial lever for the next generation of researchers involved in the evidence-informed policy movement."DAISI isn't merely about submitting and closing projects; it's a collaborative, community-built effort where collective wisdom drives progress." — Fréjus ThotoProject SpotlightsOne DAISI Scholar, Fréjus Thoto, explored the possible effects of a digital, bundled service on agricultural and farmer outcomes like access to inputs and credit in the Benin Republic. Reflecting on the impact of the DAISI mentorship, Thoto said, "As someone who is new to impact evaluations, the mentorship aspect of the DAISI Regional Scholars Program has been beneficial. My mentor provided insightful guidance on impact evaluations and shared valuable knowledge for evaluating digital applications in the agricultural sector. DAISI isn't merely about submitting and closing projects; it's a collaborative, community-built effort where collective wisdom drives progress."Another Regional Scholars project, Digital Climate Change Adaptation Services for Sustainable Agricultural Productivity in Nigeria, led by Toyin Olowogbon and Segun Fakayode, explored a digital advisory service bundled with weather-based index insurance for small-scale maize producers in Nigeria. Sharing their DAISI Regional Scholar experience, the team said,"The mentorship program is the most valuable aspect of the DAISI Regional Scholars program; it helped us develop and refine our research concepts and methods. This mentorship approach is the fastest way for scholars to advance their research and career development goals."Impact Evaluation ResourcesCEGA, J-PAL, and our partners offer various opportunities to drive inclusion in the social science and global development ecosystems. Click the links below to learn more about application and eligibility requirements.CEGA's Fellowship Program invests directly in cultivating the talents of junior African researchers by providing residential (at UC Berkeley and Northwestern) and non-residential impact evaluation fellowships.J-PAL Scholars Programs provide funding, mentorship, and training opportunities to researchers from low- and middle-income countries. We currently have Scholars Programs in sub-Saharan Africa, South Asia, and the Middle East & North Africa.Every month, the CEGA Global Networks Opportunities Newsletter publishes funding, events, and career opportunities for scholars from Africa and beyond. Sign up for CEGA's Opportunities digest here (choose "Global Networks).To check on the status of future DAISI Requests for Proposals, please visit our website.ReferencesUNESCO. UNESCO Science Report: Towards 2030. Paris: UNESCO, 2015.Julia Kaufman, Justin Hurley, Janeen Madan Keller, and Erin Collinson. Taking Stock of Organizations with Impact Evaluation Capacity Headquartered in sub-Saharan Africa: A New Database and Landscaping Analysis. Center for Global Development Policy Paper 305, 2023.Celebrating the DAISI Regional Scholars Program — Two-Years Strong was originally published in CEGA on Medium, where people are continuing the conversation by highlighting and responding to this story.

Remarks prepared for P2PFISY
Panel Discussion, December 1, 2021

At a
conceptual level, CBDC is a compelling idea. It envisions everyone having an
account with the central bank consisting of a direct claim against digital fiat
currency that can be used as a safe and efficient form of payment. Since all
debiting and crediting of accounts occurs on the central bank's balance sheet,
all the costs and counterparty risks associated with intermediated payments is
eliminated. All individuals and businesses would have access to secure,
low-cost real-time payment services. Moreover, concerns over data privacy and
ownership can be dealt with directly and in a manner consistent with societal
preferences.

I have
nothing against a retail CBDC per se. Indeed, there may even be some merit to
the idea as a basic public option. But is it really something that is
essential? What existing problems is a CBDC supposed to solve that cannot be
solved through a wholesale-CBDC with supporting legislation?

A
wholesale-CBDC is an old idea. It is basically a proposal to permit free-entry
into the business of narrow-banking. Let Novi, Square, PayPal and other
reputable firms have Fed accounts. Let them issue "stablecoin" liabilities
fully-backed by interest-bearing reserves. Consider adopting the U.K.'s open
banking legislation. Let the private sector work its magic. What else needs to
be done?

Do we really
think that consumers would flock to CBDC for reasons of safety? Bank deposits
are close to fully-insured for most people, and all deposits would effectively
be fully-insured in a narrow bank. Do we think that big banks overcharge for
basic payment services? I see many online banks offering free checking accounts
and I see service fees generally declining over time—something that would be
spurred on with a wholesale-CBDC. I do see interchange fees in the U.S.
remaining stubbornly high. But I diagnose this as a by-product of American's
love-affair with the cash-back and rewards programs offered by credit card
issuers. I do not see how a CBDC is supposed to discourage consumers from using
cards that effectively pay them to spend money. (This seems to be less of a problem outside of North America.)

But more
importantly, do we want to rely on the government sector to deliver high-performance
customer service at the retail level and to keep up with technological advances
in the space? A well-functioning government is essential for a well-functioning
private sector (and vice-versa), but these two sectors should probably stick to their knitting. Let the
central bank handle monetary policy, bank supervision, lender of last resort
operations, and wholesale payments. Let the private sector handle servicing the vast, demanding and rapidly-evolving retail sector. It's a model that has proven to work best, in my view.

As for
financial inclusion, one should keep in mind that the most significant progress
along this dimension in recent years has been the outcome of private
initiatives, not state initiatives. Consider, for example, the hundreds of
millions people who now have access to digital payments thanks to M-Pesa, WeChat
and AliPay. Contrast this to the many developing countries that already have
CBDC issued by their state banks. If their state banks have not been able to
deliver on this score, what makes us think that retail-CBDC is essential?

CEGA's Director of Operations Lauren Russell and Executive Director Carson Christiano share the center's ambitions for 2023.Spring is upon us and we're cleaning CEGA's proverbial house. This means reflecting on our priorities and commitments, and tidying our goals for the year — each of which we hope will bring us closer to a world where people are better off because decision-makers use insights and tools backed by rigorous, inclusive, and transparent evidence.A woman in India assembles a jharu, a broom made of grass, used for cleaning | Hewlett FoundationBelow we outline five strategic ambitions for CEGA that we believe will generate new insights and tools leaders can use to improve policies, programs, and lives.Incubating new research portfolios on forced displacement, conflict and security, and gender and agency.These are topics of central importance to decision-makers and researchers, for which data and evidence remain lacking. We have made headway on each: a new suite of CEGA studies is focused on generating more and better data (including panel data) on the refugee and host community experience, as well as the effectiveness of interventions designed to improve outcomes for both. Meanwhile, we are building a portfolio on conflict and security, leveraging an ongoing project on post-conflict security structures in Latin America. Finally, we're scoping a new, cross-cutting research portfolio on gender and agency, designed to answer important questions about social norms, wellbeing, and measurement, and to inform improvements to social programs that affect underserved groups.Promoting the use of novel data and data-intensive analytical approaches by the development research community.New types of data — including call detail records, sound and text data, and satellite data — and new methods to analyze them (like machine learning and AI) can generate more accurate, nuanced, and useful insights on global poverty and development than traditional surveys. Through our Data Science for Development (DS4D) portfolio, CEGA is seeding frontier research leveraging these data and approaches — like employment matching, new poverty estimates, and using historical satellite imagery to predict growth — and building the capacity of early-career researchers and partners, including in low- and middle-income countries (LMICs), to use similar tools. In parallel, our Digital Credit Observatory (DCO) recently launched a new focus on data privacy, which is generating evidence on the effectiveness of privacy enhancing technologies.Centering the voices of women, LMIC scholars, and other underrepresented groups in our work.CEGA continues to promote diversity, equity, inclusion, and justice (DEIJ) in all that we do, for example, by empowering African scholars to generate policy-relevant research through fellowships, networking and dissemination opportunities, and access to dedicated research funding and mentorship. This year, our Collaboration for Inclusive Development Research (CIDR) is taking a structural view to investigate the need for — and effectiveness of — various inclusion strategies, in close partnership with the Network of Impact Evaluation Researchers in Africa (NIERA). Finally, CEGA works tirelessly to make social science research more transparent, benefitting underrepresented scholars by increasing access to knowledge (more below). We are eager to expand these activities, and to serve as a partner and resource to other organizations seeking to make development research more open and inclusive.Advancing open and transparent research.In 2023, CEGA is redoubling efforts to promote ethical, transparent, and reproducible research practices that can improve scientific integrity and inspire better public policy, while making the entire research process more inclusive. We are particularly excited to grow our Cost Transparency Initiative (CTI), which will drive new efficiencies in global development by helping to standardize the way the cost (and cost-effectiveness) of development interventions is measured. Importantly, we are further investing in our work on Open Policy Analysis (OPA), a crucial element of democratic and effective policymaking, which is advancing through an ongoing collaboration with the Ministry of Finance in Chile.Investing in partnerships to strengthen policy impact.The pathways by which evidence improves people's lives are rarely linear (or even clear). CEGA's impact stories highlight some of the many circuitous ways in which evidence-based tools and insights have guided improvements in programming, policy, and practice. Our approach to policy engagement has long involved investing in LMIC researchers, facilitating the co-creation of research through strategic matchmaking activities, and prioritizing demand-driven research in our competitive grantmaking. This year, CEGA seeks to partner with organizations in LMICs that can inform our research agendas and deliver key insights to decision-makers at opportune moments. Meanwhile, we are continuing to investigate our own impact to understand how CEGA investments have contributed to policy change so that we can incorporate lessons into our evolving policy engagement strategy.Marie-Kondo-ing our annual goals renews our motivation to continue advancing rigorous, transparent research that informs critical decisions impacting people experiencing poverty. We are deeply grateful for our diverse and committed network of affiliated faculty, LMIC scholars, partners, supporters, and staff. We invite you to engage with the CEGA community by reading about our research, attending our events, following us on social media, and sharing our data and resources as we work to meaningfully improve people's lives.Spring Cleaning: Refreshing CEGA's Annual Priorities was originally published in CEGA on Medium, where people are continuing the conversation by highlighting and responding to this story.

Navigating challenging and complex civic spaces is nothing new for local organizations working to advance the rights and inclusion of LGBTI communities. Join NDI Senior Program Officer for Citizen Participation for a conversation with three partners from across the globe working to sustain their advocacy for equality and inclusion, while tackling some of the unprecedented challenges posed by the COVID-19 pandemic.
Find us on: SoundCloud | Apple Podcasts | Spotify | RSS | Google Play
Whitney Pfeifer: Navigating challenging and complex civic spaces is nothing new for local organizations working to advance the rights and inclusion of lesbian, gay, bisexual, transgender, and intersex communities. Regardless of the levels of tolerance and legal protection in a country, these groups know how to quickly adapt and utilize innovative approaches to maintaining their work and advocating for change.
Although the COVID-19 pandemic has forced organizations to cancel Pride events, training, and in-person advocacy efforts, LGBTI organizations have been quick to respond and adjust, playing an integral role in meeting the basic needs of LGBTI individuals while utilizing online creativity to stay connected and sustain LGBTI community building.
Today, we are joined by three partners from across the globe, each working to sustain their advocacy for equality and inclusion, while tackling some of the unprecedented challenges posed by the pandemic.
We'll be speaking to each of these local partners to discover how they have successfully built digital communities that achieved real-life results. Welcome to DemWorks.
In Panama, Fundación Iguales is working to shift social attitudes towards greater respect and acceptance of LGBTI communities. Part of this process includes collecting stories of how LGBTI communities are being impacted by COVID-19 and its response, demonstrating that as humans, we are all impacted by the pandemic, regardless of how we identify. We spoke with Ivan to learn more. Ivan, thank you for joining us.
Ivan: Thank you.
WP: Could you tell us a little bit more about the LGBTI community in Panama and the types of challenges LGBTI individuals face in building and maintaining a community?
I: We are a country between Costa Rica, who just last month legalized civil marriage for same sex couples, and Colombia, a country with equal marriage since April 2016. We're a part of that less of the 30% of Latin Americans who live in a territory where marriage equality is prohibited. Moreover, are known for public policies that takes into consideration LGBTI persons.
The challenges, there are many. As a gay person, for example, I'm not protected by any non-discrimination law, or the gender identity of the trans community is not part of what is respected by the government. There is unfortunately still a lot of stigma and discrimination for being queer.
We're a small country where there's a strong control from conservatives and religious groups, but what are the good news, I guess? The civil society is finally organized, and organizations like Fundación Iguales are doing a marvelous work promoting the respect of our human rights, creating community, helping the LGBTIQ community to be more visible, and therefore more respected by the general public.
We start a legal process to have marriage equality in Panama since 2016. We are very optimistic we will conquer in the courts and in the public opinion, by strategic innovative and emphatic messages of equality.
WP: You alluded briefly to how Fundación is contributing to building and strengthening the community in Panama. Could you discuss the facts a little bit more about how Fundación is contributing to and strengthening during these uncertain times?
I: First of all, with positive messages and with a clear presence in national conversations about the measures during the pandemic, highlighting the reality of LGBTI persons. We have had a very tough situation with restriction based on sex to restrain mobility of people here in Panama, and that had impacted dramatically the trans community and the nonbinary community of Panama, in some cases affecting their access to food and medicines. Yes, to be able to even go to the supermarket and buy bread and milk.
We decided to join forces with other organizations, specifically with an organization called Hombres Trans Panamá. It's an organization conformed by trans men to create a solidarity network. The network was created for two main activities. The first one, it is to assist directly trans and non binary people who register for humanitarian assistance. We already covered 120 people who were in need of food and medicines.
The second part of that program is an online survey to register discrimination cases for the trans community during the quarantine time. We have already had the report of 26 cases, mostly of trans person who were restricted to enter supermarkets to buy food because their gender identity or expression did not match what the police "expect" from them that day. That report was sent to the government, to regional organizations that monitor human rights, and we hope that impact possibly their lives.
For other programs that Fundación Iguales is promoting during this times of pandemic, one that is very important is a series of podcasts called Panademia LGBTIQ+, a program of Fundación Iguales with [foreign language 00:06:20], which is an independent group of journalists to highlight stories of LGBTI persons during these times, telling their stories, especially the trans community.
WP: That sounds like a lot of excellent work and strengthening the collaboration between groups has been really effective, I think, in this COVID pandemic situation.
I: Indeed.
WP: You alluded briefly to these podcasts. Are there other forms of technology that Fundación is using to continue the work that you're doing?
I: Yes, and that's very interesting because we have to reinvent our work, basically. Just before COVID, we finished a super nice, unprecedented program going through the different provinces of Panama that we call the human rights tour, with the idea to be more democratic on the contents of human rights, specifically talking about Inter-American Court of Human Rights decision on equal marriage and gender identity, the Advisory Opinion 24. It was such a success and we planned to right away continue around the whole country. With this situation we have, being confined at home with mobility restrictions, we have to change all that, but we were lucky to have a strong presence in social media with a robust content that we were able to share and build from it. Also, our capacity of doing initiatives jointly with other NGOs like I mentioned before and you highlight, were also key to show the work that we were doing on respecting human rights.
That coordination and collaborations, like the podcast example, the solidarity network, the level of infographic videos and social media interactions of Fundación Iguales are very solid. Since we dedicate an important part of our work to be present in national and international platforms for political participation, that allowed us to be more visible and not to be forget during these complicated times,
WP: It sounds that you've been able to pivot pretty smoothly and quickly, despite I'm sure what have appeared to be challenges that we're all facing during the pandemic.
Would you be willing to talk about kind of the role and benefits of partnering with international organizations such as NDI in your work?
I: When I started Fundación Iguales, I was very privileged to know that working with international organizations like NDI was essential. I lived almost eight years in Washington, D.C., And before that I studied in New York City, and I worked for almost eight years in multilateral organizations. That experience gave me a different look to understand how, and how specifically a country like Panama, a country with so many challenges, with the lack of the government support and local support, I would say, organizations and enterprises and so on ... so for me, it was very important to know that a key part of my work was to knock some doors abroad because it's essential to boost the work that we do here. Definitely, without the help, assistance, donations and more important, the moral support of embassies and organizations like NDI, our work would have been way more difficult than what actually is.
WP: As NDI, we like to partner and collaborate with our partners and recognize you as the experts and provide the technical assistance and guidance as needed. So it's good to hear that this has been beneficial for Fundación. My last question is about what's next for Fundación?
I: We're very focused that we want a social change for our country in a social change for good. We want a Panama where all persons will be respected and where they can all be happy. We want Panama to join the club of countries where same sex couples can have the support and protection of the government, and more importantly, where society in general welcomes their families. We're trans persons can fully live and decide about their dreams and lives. And we're going to conquer that by strategic campaigns, with messages, with empathy.
WP: Thank you, Ivan, for taking the time to speak with us. We look forward to seeing what Fundación is able to do in creating a safer and more equal space for LGBTI communities in Panama.
I: Thank you, it's been a pleasure.
WP: For more than 35 years, NDI has been honored to work with thousands of courageous and committed democratic activists around the world to help countries develop the institution's practices and skills necessary for democracy's success. For more information, please visit our website at www.ndi.org.
You've heard about how an organization is engaging with communities and collecting stories to plan for future advocacy efforts from Fundación Iguales. But what happens when you are in the middle of a project, when things get disrupted? LGBTI communities in Romania successfully organized to prevent an amendment to the constitution that would ban same sex marriage that was put to a referendum in 2018. In the aftermath of these efforts, there was a need to establish priorities moving forward and create space for dialogue within the community about the next steps for the overall movement. Mosaic organized different segments of the LGBTI community, including transgender communities, LGBTI, Roma, women, and older people to build consensus around an advocacy agenda moving forward.
In the midst of these community outreach efforts, COVID-19 happened. Vlad Viski, executive director of MosaiQ is with us. Vlad, thanks for joining us.
Vlad Viski: Thank you for having me.
WP: Can you tell us a little bit more about your project?
VV: Between 2015 and 2018, in Romania, there was a national campaign to change the constitution and ban gay marriages, initiatives which were supported by conservative groups and a large share of the political party. For three years, in Romania, society has been talking, probably for the first time in a very serious manner, about LGBTI rights, about the place for the LGBT community in society. This conservative effort ended with a failure at the polls for the referendum to change the constitution, only 20% of Romanians actually casting the vote for this issue when the minimum threshold of votation, of turnout, was 30%.
This was possible with quite a successful campaign coming not from not only from MosaiQ but from other LGBTI organizations in Romania throughout the country. We all kind of went on the boycott strategy, we're actually asking people to boycott the referendum because human rights cannot be subject to a popular vote.
Once the referendum in 2018 failed in Romania, there was a question in the community. What should we do next? How should our agenda look like for the next couple of years? We at Mosaic, we really tried to focus and we really thought the issue of intersectionality as being extremely important. This is how the idea of this project started, Engage and Empower was the name of the project. It focused on six groups within the LGBT community: transgender people, LBTQ women, elderly, people living with HIV, Roma LGBT people, and sex workers.
WP: Could you talk a little bit more about how the organization is trying to maintain momentum in this community building efforts, despite what's going on with the pandemic?
VV: We at MosaiQ, we had to reimagine some of the projects that we were involved in, so that included canceling events or postponing them or rescheduling for the fall. But the problem is also that we don't really know the timeline for this story or when it will end. We've had issues related to personal issues of people in the community. People living with HIV were not getting their treatment due to the fact that hospitals were closed except for the coronavirus. Then we've had issues related to sex workers not being able to work anymore. The issue of poverty has been quite an important issue. A lot of people have been laid off, a lot of people were not able to pay rent, a lot of people were either in unemployment benefits, and so on.
At the personal level for us and as an organization, all of a sudden we got a lot more messages from people asking for help. We've tried to help them on a case by case basis. We are not a social health kind of organization, but we've tried to fix as many problems as we were able to. Then throughout this, and actually talking about issue of intersectionality and the issue of the project and the way we work with the Roma LGBT community, what we've witnessed throughout this pandemic and the lockdowns, especially, was an increase in violence, against Roma people from the police. So together with colleagues from civil society, especially Roma groups, we had to monitor hate speech in the media, monitor cases of abuse and violence from the police, and also make statements and letters to official institution, to the president and the prime minister and so on. So for us, it was an issue of also solidarity with other groups affected by the pandemic.
WP: I believe that you've had to move some of your activities online, correct?
VV: That was another part, which we kind of tried to make the best out of the situation. We felt that there were a lot of young kids, for example, who, because schools were closed, they had to go back and live with their homophobic parents. A lot of organizations, LGBT organizations in Romania were not able to have the Zoom meetings with their volunteers because they were living with homophobic or transphobic parents so they could not reveal what they were doing or who they were talking to. So the issue of depression and psychological pressure that comes on people being locked down, people trying to survive throughout this pandemic, we decided to have a campaign online, which was called MosaiQ Quarantine, and that included parties online in order to support queer artists who were not able to earn any money because there were no gigs. We organized these online parties and we paid them and we supported their work.
Then we had the zoom talks with, or like talks online, with all of the organizations and groups in Romania, LGBT groups, to kind of better see the situation on the ground in different cities in Romania. That was for us extremely important because we felt like there was a need to have this dialogue within the community.
Then we had the all sorts of posts on social media and different kinds of events. We also talked with organizations from the region, from the US, from Moldova, from Russia, to kind of see what the feeling also over there.
So for us, it was quite an exercise to take advantage of the fact that using social media and using online tools, we were able to reach out to people who otherwise would not have been able to participate in our events, being so far away.
WP: It sounds like Mosaic has certainly stepped up to the challenges. Could you just briefly talk about what NDI support has meant to Mosaic?
VV: I think the project funded by NDI was extremely important, both for the community ... right now, we have an active Roma LGBT group. We have all of these, the issue of intersectionality being put on the agenda. We have the [inaudible 00:19:36] sports, which is a sports club run by women who is also trying to grow based also on the support that Mosaic has offered through NDI. We've had, at the Pride last season, the first Roma LGBT contingent putting the issue on the agenda. So for us, in many regards, this project kind of focused us more on this intersectional approach to activism and the need to include all voices within the community. The trust that they had in us was very important.
WP: I'm glad to hear that it's been a fruitful partnership, both for NDI and Mosaic. Vlad, thank you so much for taking the time to speak with us.
VV: Oh, that's it.
WP: We'll be back after this short message.
To hear more from democracy heroes and why inclusion is critical to democracy, listen to our DemWorks podcast, available on iTunes and SoundCloud.
Before the break we heard from two partners using digital platforms to create and support communities. But how are groups sustaining their online networks and communities once created? Rainbow Rights trained paralegals in the Philippines on legal issues related to sexual orientation and gender identity and how to support LGBTI communities. Through Google Classroom, these paralegals formed an online network to help communities facing discrimination and violence. Eljay, welcome to our podcast. Could you tell us a little bit more about the paralegal support project?
Eljay: Yeah. One of the main components of our community paralegal program is to create a national online platform wherein all of the trained paralegals of our organization will be able to share their experiences, their cases, and they could also refer some of the difficult cases to us. So that's the main idea. It's just that it gained a deeper significance in this COVID-19 pandemic that we're experiencing because a lot of legal organizations hurried to do to do what we had been doing in the past year, which is to create an online platform.
Right now, even though there's a lot of problems in the Philippines barring the central autocracy, we have been maintaining the platform. People are still referring cases to us and we are working on those cases. Part of the deeper significance that it has is in the Philippines, human rights violations have increased because of the lockdown. So it became a source of reporting documentation for these human rights violations during the lockdown. We did not expect that it will evolve that way but we're happy that it has, and despite some connectivity issues in the Philippines, it has been reaping as well.
WP: So when you're talking about the program, there've been increased human rights reports, is that generally more broad human rights abuses? Or are we talking specifically to the LGBTI community?
E: Yeah, we accept every report on numerous violations, but we take on the LGBTI human rights violations specifically. When we receive human rights violations that is not really in our lane, so to speak, we refer them to bigger organizations. We have seen increased numerous violation against the LGBTQI community here.
WP: You had mentioned that Rainbow Rights fortunately had organized the training for the paralegals before the pandemic hit and already have a plan in place to use online platforms, which was Google Classroom, to create this network across the country. You've briefly referenced what the current situation is like now, but could you go a little deeper into that? What kind of challenges is Rainbow Rights facing in continuing to engage with the community?
E: As I have mentioned, maybe a bigger challenge is the connectivity issues in the Philippines. We don't have good internet here, and that's a challenge. It's also challenged to keep the interest level of our paralegals and keep them engaged. That is also challenged because they have bigger problems now. Because of the pandemic, they're thinking of their health, they're thinking of their livelihoods, and that is a challenge during these times.
However, before the pandemic, we also saw that we had to be creative at the level of interest, so that's a challenge. The situation, it's working. Overall situation's working. We have referrals, we continue to share modules in our platform, refreshing their memory on the training. We also try to be light. There are some light moments so that they be so that they keep themselves also, the interest level is high and that they see us and they trust us in maintaining this platform.
WP: You alluded to the fact that it's often difficult to maintain interest of your paralegals when engaging online.
E: Basically, we had a two-pronged approach on this. One is to find the people who has a genuine interest to serve the community. So in our selection process, we have chosen people who have track records of service in their communities. The other side of the approach is to build on the spirit of camaraderie, friendship, and community solidarity between us. So even before the pandemic, we have been setting up calls and checking on them, even adding them on Facebook and Twitter just to continually engage with them. I think that's a big part of our strategies. We're also looking to ... I think in my personal view, I think a lot of what they do is labor, so I think in the future, we will be able to compensate them for their efforts in their community and we're looking into that as well.
WP: That's really interesting. Could you speak a little bit more to the role and benefits of partnering with international organizations such as NDI in your work and as well as helping to sustain this national network?
E: Yeah. I think it's invaluable. Foreign support, foreign funding support such as the NDI had been really great for us. We have been envisioning this project for a long time and NDI gave us the opportunity to really implement it. They also gave us a level of freedom in how to execute the program because there's a recognition that we in the ground know how to solve our problems. But there's also a lot of technical support aside from the funding. Like in digital security, NDI has given us a lot of resources, even given us a training for this and how to secure our online platforms. They also provided a lot of coalition building resources. So there, and I think we are also sharing what our experience with NDI to our other funders, because I think with NDI, we had a lot of freedom and we had a lot of support because you guys always check on us, so that's great.
WP: Well, I'm glad to hear that NDI is taking care of our partners. Thinking about how June is Pride Month for a lot of communities around the world, and Pride is often equated to the community of LGBTI people around the world how would you say Rainbow Rights efforts have contributed to strengthening the community in the light of the violence and the discrimination that LGBTI people face on a daily basis in the Philippines?
E: Since 2005, Rainbow Rights has been doing this approach wherein we come ... a top down approach at the policy level, but we also complement it with from the grassroots, bottom up approach. We make sure that whatever we bring at the policy level, it is informed by our grassroots services. I think that's one of our biggest contribution, is to really complement policy with experience on the ground. Most of the policies that we've pushed for is really coming from what our experiences and what are the real needs of the people that we serve in the communities. I think that's one of our biggest contributions in our approach. We're not just the legal, we don't just bring cases to court. We don't just bring legal expertise, but we also inform it with community level approaches and grassroots approaches.
WP: Well, thank you LJ again for taking the time to speak with us and telling us a little bit more about how Rainbow Rights is contributing to a holistic support system to the LGBTI community in the Philippines.
E: Thank you so much for this opportunity.
WP: Thank you to Ivan, Vlad, and Eljay for sharing their experiences and for the work you're doing to advance LGBTI equality and inclusion, and thank you to our listeners. To learn more about NDI or to listen to other DemWorks podcasts, please visit us at ndi.org

Rainbow Rights Paralegal Training



A Conversation With LGBTI Activists on Community-Building

Democracy (General), Podcast Listen LGBTI Pride National Democratic Institute NDICountries: All Regions

The potential for a serious rival to the US dollar as the world's reserve currency is stronger now than at any time since the Bretton Woods agreement first gave the dollar its preeminent role in global finance. Talks are currently underway between the BRICS countries about creating a new currency that will be backed by gold.While exact details about this proposed new currency are unknown, arguably the simplest and most likely form that it could take is that of a gold-backed cryptocurrency. Such an innovation promises the benefits of intrinsic value, stability, and international trust.However, despite its allure, numerous challenges stand in the way of this prospect becoming a reality. In this article, I will explore the potential of a gold-backed cryptocurrency as a replacement for the US dollar and examine the various obstacles that make its widespread adoption unlikely – at least for the time being.The global advantages of a gold-backed cryptocurrencyThe concept of a gold-backed cryptocurrency revolves around combining the historical allure and stability of gold with the efficiency and accessibility of blockchain technology. Unlike traditional fiat currencies, which are not backed by any physical assets, a gold-backed cryptocurrency would be intrinsically linked to a reserve of physical gold held in secure vaults.Blockchain technology, the backbone of cryptocurrencies, offers transparency and accountability. Each transaction recorded on the blockchain is immutable, ensuring trust and reducing the risk of fraudulent activities. Each digital coin issued would represent a specified amount of gold, making it a uniquely stable store of value that offers protection against the future inflation/debasement of fiat currencies (to say nothing of the geopolitical uncertainties surrounding the dollar and its recent weaponisation).This stability would also come in stark contrast to the extreme volatility of other cryptocurrencies like Bitcoin, thereby attracting investors who seek a reliable and secure store of wealth. Moreover, as gold has historically retained its value during economic crises, a gold-backed cryptocurrency would provide a hedge against market fluctuations and safeguard against fiat currency devaluation – something that a growing number of economists are increasingly wary of.A universally accepted gold-backed cryptocurrency could also simplify international trade and financial transactions. Its borderless nature would facilitate cross-border payments and promote financial inclusion, benefiting businesses and individuals worldwide.Finally, the current dominance of the US dollar as the global reserve currency gives the United States significant influence over the global financial system. Transitioning to a gold-backed cryptocurrency would reduce reliance on the US dollar, potentially leading to a more diversified and balanced international monetary system.The challenges & why it probably won't happen anytime soonWhile the vision of a gold-backed cryptocurrency is enticing to many people, numerous challenges make its widespread adoption improbable in the near term. These obstacles encompass technical, political, economic, and regulatory aspects.Technical ComplexityImplementing a global gold-backed cryptocurrency would require advanced technical expertise in blockchain, cryptography, and cybersecurity. The process of securely storing and managing the gold reserves, as well as ensuring the efficient functioning of the cryptocurrency's network, presents significant technical challenges.The current global financial system, anchored by the US Dollar, is deeply entrenched. Established financial institutions, including central banks and commercial banks, may resist the adoption of a new reserve currency that disrupts their existing roles and interests.Political and Economic ConsiderationsThe replacement of the dollar is a matter of immense geopolitical significance. It would require the consensus and cooperation of nations with varying interests, ideologies, and levels of influence on the world stage.While there is growing international distrust in the US Dollar, there remains a great deal of distrust in any of the alternatives to it. While gold holds historical significance as a store of value, the idea of a gold-backed cryptocurrency might be unfamiliar to investors. Building trust and educating the global population on its benefits would require time.The transition from the dollar to a gold-backed cryptocurrency would have economic implications. Countries holding significant US dollar reserves may face disruptions, potentially causing economic instability during the adjustment period.Most importantly, in a Keynesian run global monetary system anchored to the dollar, the US enjoys enormous power via its ability to print-money. The loss of such exorbitant privilege would massively reduce the influence of US foreign policy, and for this reason alone the current monetary system will likely be vigorously defended.Regulatory ChallengesA global gold-backed cryptocurrency would necessitate a robust regulatory framework. However, reaching a consensus on international regulations and ensuring compliance across jurisdictions would be a complex and time-consuming process.Determining how to allocate gold reserves among participating countries would be a delicate negotiation. Disparities in gold reserves could lead to disagreements and hinder progress.Final ThoughtsThe vision of a gold-backed cryptocurrency replacing the US dollar as the global reserve currency holds considerable potential. It promises intrinsic value, stability, and reduced dependence on the US dollar. However, several formidable challenges stand in the way of this transformative vision becoming a reality.The technical complexities, resistance from established financial institutions, political considerations, economic disruptions, regulatory hurdles, lack of trust and familiarity, and the challenge of gold reserves allocation are all significant barriers.While it is unlikely that a gold-backed cryptocurrency will replace the US Dollar at the current time, things might look very different in the not-too-distant future. The Keynesian experiment does indeed appear to be failing, and when its end finally arrives it will likely come with the need for a new global monetary system.Without a convincing national currency to anchor other currencies to, gold has always been the preferred medium of exchange, and in the modern world blockchain technology offers us the ability to trade it in tiny denominations. These advantages might quickly become irresistible once fiat has failed.(photo credit: Quantum Trading)

Jennifer Huddleston and Gent Salihu


Prior to the 2022-2023 legislative session, five states (California, Virginia, Utah, Colorado, and Connecticut) had passed consumer data privacy laws, but now the patchwork of state laws has more than doubled. Congress has continued to debate a potential federal standard with the American Data Privacy Protection Act in the 117th Congress being the first such proposal to be voted out of a committee; however, without momentum around a federal standard and with continuing and new concerns about data privacy from consumers, many states are undertaking their own policy actions around data privacy.
The patchwork nature of these individual state laws can potentially amplify compliance costs for businesses operating across different states and create confusion among American consumers whose digital footprint often crosses state borders. The potential financial impact of complying with 50 distinct state laws could surpass $1 trillion over a decade, with a minimum of $200 billion being borne by small businesses. As this patchwork grows, what does data privacy look like as the 2022-2023 legislative session comes to a close?
What happened with data privacy in 2022-2023?
As of 2023, the majority of states have considered data privacy legislation, likely in response to consumer concerns on this issue — 32 state legislatures have kicked off the debate and presented bills. Ten states have already signed comprehensive privacy bills into law. Six states—Florida, Indiana, Iowa, Montana, Tennessee, and Texas—enacted data privacy legislation this year. Oregon is the latest state to pass a comprehensive law, which is now awaiting the governor's signature. Additionally, there are five more bills under consideration as of July 2023. Most of these bills share similarities with the existing data privacy laws in California, Virginia, and Utah.











States with data privacy acts enacted in 2023 that have followed the California model
Of the five additional states that enacted data privacy laws this year, Indiana and Montana appear to most closely resemble California's model, which relies heavily on administrative rules. Montana, for example, even goes beyond California by creating a right for consumers to revoke their consent to data processing. None of the states that have enacted laws this year have created a private right of action as seen in a limited capacity in the current California law.
States that have followed the Virginia or Utah model
Notably, a growing number of states have passed or considered a data privacy framework that more closely resembles the laws initially passed in Utah and Virginia. This includes Iowa, Tennessee, and Texas as well as a bill still under consideration in North Carolina. Such models provide baseline protections but typically have fewer obligations or areas of covered data, limit enforcement to the attorney general, and are more likely to provide safe harbors.
Still, each proposal remains unique. For example, Tennessee became the first state to create a compliance safe harbor for companies complying with National Institute of Standards and Technology (NIST) standards. Other states have considered similar carve-outs for existing standards. Such an approach may lessen some problems with the patchwork by providing a way for a single set of best practices that could be compliant from state to state.
Notable privacy bill trends to watch
In addition to the growing patchwork of state privacy laws, this latest legislative term has also provided additional information about the debates around data privacy legislation. Notably, private rights of action continue to raise concerns and may make proposals less likely to succeed. Additionally, a new trend of health privacy-focused bills is emerging at the state level.
Currently, four states that still have active bills—Maine, Massachusetts, New Jersey, and Rhode Island—contemplate creating a private right of action. However, to date, all bills from Hawaii to Mississippi to New York that included provisions on the private right of action have failed. New York's failed "It's Your Data Act" had foreseen that consumers "need not suffer monetary or property loss as a result of such violation in order to bring an action for a violation." The Washington Privacy Act was passed only after eliminating the private right of action, which was later reinstated in a very limited form by allowing a private right of action only for injunctive relief without monetary damages.
The inclusion of a private right of action for statutory violations so that individuals can sue companies without the need to prove that actual harm inflicted upon them has grave consequences. Such private right of action for statutory damages raises significant concerns about how litigation could be used to prevent innovation. While a private right of action wouldn't pose any significant issues if the burden of proof was solely tied to demonstrating the harm, the problem arises when there's no requirement to prove harm. Such a provision could prompt a surge in class action lawsuits, thereby impeding innovation, especially among small companies that may become more risk-averse for fear of being sued.
The United States, with its distinct litigation system, and features such as the absence of a "loser pays" rule, is more susceptible to the abuse of the private right of action for statutory violations. Illinois's Biometric Information Privacy Act provides such a right in the context of certain collection of data and has seen everything from photo tagging to trucking companies be sued. Most of the resulting funds have gone to attorneys, with limited amounts to the class members alleged to be "violated" by the action. In the photo tagging case, Facebook was directed to pay $650 million without the necessity of demonstrating any harm. In the trucking case, truck drivers secured a $228 million judgment because, as employees, they were required to scan fingerprints to confirm their identity, again without the need to show actual harm.
A new emerging trend to watch is the ongoing debate surrounding the sponsorship of bills aimed at regulating consumer health data, primarily focusing on reproductive health data. Washington is the first state to pass such a law, which is set to take effect in 2024. In a post-Roe context, it is likely that similar legislation — particularly in blue states — will emerge, regulating actors that are not governed by HIPAA. Given the broad scope of what is classified as health data, debates on its definition, collection, and usage are likely to be heated. Such laws also raise unique compliance questions for a variety of popular apps that are not regulated as medical devices but provide consumers with empowering ways to track information from blood sugar to mental health.
What do state data privacy laws mean for consumers, innovators, and the federal privacy policy debate?
States are acting on data privacy in part because of the continued interest in the issue from constituents. In 2022, more than 80% of voters polled supported the idea of a federal data privacy law. Given that data privacy remains a concern and due to the lack of progress on a federal bill, it is unsurprising that much of the debate over data privacy has shifted to a local or state level where legislatures are able to move more quickly. But is this good for consumers and innovators?
Is there a case for data privacy legislation anyway?
While many polled consumers are in favor of data privacy legislation, there remains a great amount of difference in the actual privacy preferences they have. In fact, the overwhelming support for data privacy becomes far more complicated when you consider questions like how much an individual would be willing to pay for social media or other products as opposed to an ad-supported version. Similarly, research has shown a "privacy paradox" where revealed preferences for privacy tend to be weaker than stated preferences.
If policymakers are to consider legislation around data privacy, they should focus on real and widely agreed-upon harms, not merely expressed preferences. This approach prevents a shift toward a more European "privacy fundamentalism" that is more likely to result in conflicts both with other rights, like speech, as well as create a static approach that could deter innovation including those that may improve privacy.
Understanding the problems of a patchwork approach
The continuing, emerging patchwork of data privacy laws at a state level is likely to lead to both increased costs and confusion. This is true not only for the businesses that handle data but also for consumers.
A state-by-state approach makes it uncertain for both innovators and consumers what may or may not be done with their data. For consumers, this can create confusion about why certain products or features may not be available in their state or what rights they have when it comes to obtaining or correcting their data online. Particularly for small businesses, a state-by-state approach is likely to significantly raise costs as new compliance concerns arise in each state. In some cases, this may result in applying the most restrictive standard necessary, but in other cases, it may require development of specific features to comply. In either case, again both consumers and innovators lose out. Consumers may find themselves losing features because of standards imposed by legislatures in other states and innovators may find themselves focusing on compliance rather than the improvements that best serve their customers.
Far from being the second-best solution, it is almost inevitable that proposals will eventually conflict with one another which makes it impossible to comply with all such state laws. The most obvious example of this would be if one state chooses an opt-out model while another chooses an opt-in model, but many other conflicts could arise around issues such as data minimization or retention.
Given the potential and likelihood for conflicts and the burden on out-of-state businesses, a state-by-state approach also should give rise to dormant commerce clause concerns. The interstate (and international) nature of data means that a federal standard should be considered constitutionally necessary in this case.

Conclusion
The 2022-2023 session saw a doubling of the number of states with consumer data privacy laws. While policymakers may feel they are responding to constituent concerns, the patchwork approach remains problematic for both innovators and consumers.

Many countries with scheduled elections this year face a difficult choice in the midst of the COVID-19 pandemic: how to balance public health considerations with holding a free and fair election. Learn more from NDI Senior Associate and Director of Electoral Programs Pat Merloe and Program Director Julia Brothers as they talk about democratic back-sliding during this crisis, electoral integrity, and ways civil society organizations can still make a difference.
Find us on: SoundCloud | Apple Podcasts | Spotify | RSS | Google Play
Pat Merlow: In the public health crisis, especially where governments are weak or people are suspicious of governments, trusted voices are really important to get out accurate information.
Julia Brothers: Hello, this is Julia Brothers. I'm the Program Director for Elections at the National Democratic Institute. Welcome to Dem Works.
JB: Around the world, the COVID-19 pandemic is sewing insecurity among the public, which can be exploited by authoritarians to consolidate power in sideline democratic institutions. It also poses severe technical, political, and social threats to elections themselves.
In many countries, the effects of the virus may strain citizen relationships with government and elected [inaudible] officials, intensify political tensions and the potentials for violence, disenfranchise voters and increase conditions for democratic backsliding.
Today I'm joined by Pat Merlow, senior associate and director of electoral programs at NDI. Welcome to the podcast, Pat. Thank you for being here.
Pat Merlow: Hi, Julia.
JB: So the COVID-19 crisis is causing enormous challenges for every country, including those with scheduled elections this year. What are the biggest concerns deciding whether to hold or postpone elections?
PM: Elections must be held in ways that safeguard public health and in ways that ensure genuine opportunities for the electorate to vote. Universal and equal suffrage, which is in every modern constitution, means inclusion, not exclusion. So we have to also hold elections in ways where the political parties and the candidates have a fair chance to compete for votes without a playing field that's being manipulated or intentionally or unintentionally tilted in one party's favor.
So striking a proper democratic balance of public safety and credible election processes is different and really difficult in every country. Depends a lot on the level of economic and technological development in the country on the nature of social cohesion versus divisions in the country and political polarization.
So in many countries where NDI works, the concern is whether authoritarians will rush through elections with undue public health risks in order to gain an electoral advantage or to postpone elections under conditions that advantage their attempts to gain and maintain more power.
A second troubling circumstance in countries that are unstable or prone to various kinds of violence, where constrains of the public health crisis can be used by malign actors to flood the population with this information... I mean we're hearing this term infodemic; also hate speech and other means to scapegoat religious or ethnic minorities, LGBTQ people or women in order to gain political advantage.
That's not all the countries where NDI works, but even those are neither authoritarian nor fragile states, the COVID-19 crisis is still posing gigantic challenges both on the public health and to electoral integrity.
JB: Right. I mean these factors present themselves as challenges to electoral integrity, not just where there might be bad faith actors that are trying to utilize this crisis to consolidate power, but also just in addressing basic issues related to how to make sure that you're maximizing participation during a public health crisis.
What are some of the factors that these countries would need to think about in terms of actually implementing elections either during a public health crisis or immediately after.
PM: There really are a number of factors that have to be considered. So the first thing that comes to everybody's mind of course is what do you do? Can people actually go to polling places or should they be under some sort of the shelter in place lockdown-like circumstances.
That doesn't just affect whether to vote. That really has to do with whether you can register to vote safely or not. In countries where there are not a high level of electronic engagement where the digital divide falls really widely across broad swipes of the population, gathering those people into places to register to vote or to vote is really the only means of doing it. So the question of a postponement becomes really an operative question.
Then we're concerned with what are the conditions for the postponement and how does that interrelate with the declarations of states of emergency, whether they're being done properly with the kinds of constraints on limitations on powers or whether they're being done in ways that usurp power.
JB: Yeah. I think one of the major concerns, especially thinking about citizens being able to participate in the process, is that during a pandemic, if voters are concerned about going out to vote, chances are that that's not going to be an equal distribution among the population, where there are a vulnerable populations that will be more impacted.
You'll see disproportionate levels of low turnout among certain communities like senior citizens or persons with disabilities or women who disproportionately have the burden of childcare and are in a situation where you don't have options for even temporary childcare because of social distancing regulations.
Well, this seems like a good place to take a short break.
For more than 35 years, NDI has been honored to work with courageous and committed pro-democracy activists and leaders around the world to help countries develop the institution's practices and skills necessary for democracy success. Welcome back.
JB: So we talked a bit about the postponements that we're seeing around the world in terms of electoral timelines. Are election observers relevant during electoral delays, especially if there's restrictions on movement in the population if they're under some form of shelter in place or lockdown.
PM: Yeah. So Julie, you mentioned that NDI works in more than 70 countries and in fact, working with nonpartisan citizen groups and coalitions and various organizations is one of the hallmarks of NDI's work over more than 35 years now and certainly the 25 years where I've been involved.
There's a network of citizen election observers, there are nine of them in various regions of the world and they're amalgamated in more than 250 organizations from 90 countries. Those organizations have been sharing best practices and ideas about what can be done.
So let me just quickly mention a couple of them. There are four areas where they have been able to focus. One are ways to assist; that is, to assist public health agencies and the electoral authorities to bring about safe elections and fair elections.
The second is ways to address authoritarian opportunism and how states of emergency and various conditions are being used by those who would usurp the citizens of power.
The third are ways to address disinformation, hate speech and attempts at hyperpolarization that influence and create unfair conditions for elections.
The fourth way is to address, as you mentioned earlier, examples of where a health crisis can lead to disenfranchisement or further tilt the playing field so that it's an unfair circumstance.
JB: Yeah, I mean you mentioned especially tracking the authoritarian leaders who are potentially taking advantage of the health crisis to grab power and subvert democracy and in some unstable countries, this can threaten heightened instability.
What can election servers be doing to address that or what are they currently doing to address that?
PM: The most important thing is citizen election observers in all kinds of countries have been time tested and over the series of elections cycles two, three, even four in many countries, they've built national networks and they've established themselves as trusted voices.
In a public health crisis, especially where governments are weak or people are suspicious of government, trusted voices are really important to get out accurate information from the health authorities, accurate information from the electoral authorities about what to do, where to do things and so on.
Also, they have networks that can collect information; even during lockdowns. You and I were in a conversation with one of the partner organizations with whom we work in Sri Lanka just last week. The head of that organization is working on a civil society task force.
That task force is considering how to gain access to women's shelters, to older people's homes, to places where there's foster children's care, drug treatment centers, and so on because these are vulnerable populations that are being hit hard by the crisis.
One of the things that he pointed out in our conversation is that the government is taking advantage of the postponement of the election for electoral advantage by handing out dry goods to citizens and even medical supplies through the political party rather than as an impartial governmental service to the people.
So the question that he posed was, even during lockdown, is there a way that our network of over 1,000 people could begin to document this and report it so that we can lift up to the public the nature of this problem that's coming about and see if we can't get some accountability and get them to cut back.
So even during a lockdown, it's possible for the citizen observer groups to do things that are extraordinarily relevant.
JB: Yeah, I mean it seems like there are certainly opportunities for electoral observers to be monitoring the kinds of things that they would normally be looking at in a pre-election period when their elections are delayed... Issues related to is the government still helping to create conditions for a credible and competitive process in the midst of a public health emergency. Are conditions being put in place to ensure that marginalized populations are not sidelined from the process.
But it also kind of expands it a little bit too in that there are these potentially other issues that that groups may consider looking at. Like you mentioned, how health resources are being distributed and what kinds of policy changes are being made and how were those being made?
What's the decision-making process around things like delaying the elections, around emergency voting procedures? Are they inclusive? Are all the parties being brought in to them? Is civil society be brought into these discussions and taking a look at some of these new conditions that observers may otherwise not necessarily be monitoring in a pre-election period.
I think the other issue here is there are constraints here in terms of potentially being able to deploy a bunch observers out into the field to collect information if you're in a lockdown situation.
So it's been interesting talking with groups to see how they're thinking creatively about how they can collect some of this information remotely. What kind of data exists that you can collect whether it's open data sources from the government looking at budgets, looking at how budgets are changing and how resources are moving.
You mentioned looking at disinformation, being able to monitor social media and seeing what data could be collected from that.
It's been interesting to see how citizen election observers around the world are getting creative and still doing their jobs while being sometimes trapped at home.
PM: Absolutely. You mentioned the disinformation... One of the things that we've been seeing is that in Russia for example, they have been making use of the COVID crisis to begin to track people even more carefully to introduce facial recognition technologies and cameras.
The term that's been throwing around is cybergulags being created there. With China's facial recognition technologies and the way that's been used to suppress the weaker minorities, China has been introducing that working with governments and other places in the world to try to get that into voter registration so that you have biometric voter registration data that includes facial recognition technology.
So in this era, getting access to government decision making, getting access even to the health data and disaggregated by gender, by vulnerable groups and so on is part of the work that election observers normally do. Demanding open electoral data can lead easily to the same kinds of advocacy around open health data.
One of the other things I thought that you've touched on that's interesting is the states of emergencies and the relationships between that and postponement. There's more than 45 countries at this point that have postponed elections at the national and sub-national level.
Not all of them are problematic by any means, but in a lot of countries, there have been extended states of emergency without any end date. The postponements have no end date on them.
One of the things that election observers can do is to join with... And many of them are human rights organizations and bringing about the rules that have been established in the international arena for limiting the duration of states of emergencies, that the measures that are taken have to be proportionate to the nature of the threat to the nation to bring those issues up and do advocacy around them and to help those of us in the international arena be aware of where these problems are in various countries.
JB: With that, I think we'll take a quick break. We'll be back after this quick message.
One of the things that Secretary Albright has said is that it's absolutely essential for young people to understand that they must participate and that they are the energy behind democracy.
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So before the break, we were talking about the role that citizen election monitors are playing in the COVID-19 crisis and its impact on electoral integrity. Are there other considerations that citizen election groups should be thinking about in the need for electoral integrity in their countries?
I'm thinking especially related to how groups can make sure that their observers are safe while also being able to collect information and an advocate for critical processes and good governance.
PM: That's really a critical question, Julia. A good example that comes to mind is in Mali, which has had very few reported cases of COVID-19, there was a parliamentary election just two weeks ago. The government, for national security reasons, has had to postpone those elections for almost two years and they were really in a phase of saying we need to push it ahead. In fact, there had not been a reported COVID-19 death until just a few hours before the election date.
So it went forward and the citizen observers with which NDI has been working in that country in the weeks leading up to that advocated that the polling stations had to have masks for the staff; had to have gloves; had to have hand sanitizers or hand washing stations because hand sanitizer is hard to get in a lot of places in Mali.
They made sure that their observers had those materials themselves. I think 1,500 observers went out to polling stations across the country. In their own headquarters and gathering data, there was social distancing that took place and they did a lot of checking in with their observers about how they were doing, how they were feeling over the course of the day.
So one thing that the citizen observers can do is to join with organizations that are health advocates for those places where either voter registration is about to take place or voting is about to take place to ensure that the conditions minimize the risk.
We just saw this over this past weekend in the elections that were held in South Korea. Whether or not you might think that the election should go forward, there was a country where there's a lot of public confidence in what the government has been doing and in the integrity of the election authorities and voter turnout was not terribly affected by this.
So there is something that can be done immediately and as you have mentioned, there are numerous things that can be looked at by citizen observers without ever really leaving their homes or their headquarters. One of those, as you mentioned, is disinformation. Our partners in Georgia, for example, have uncovered a link between Russian propaganda, which has gone up around disinformation around COVID-19 and linking it to destabilizing public trust in Georgia's government.
There's a really interesting report that they came out with just last week on that front. So how does COVID-19 and elections interface is something that can be explored in a number of dimensions.
JB: We've talked mostly about the work of nonpartisan civil society organizations and their own countries that are confronting this challenge. Is there a role for international election observers on terms of electoral oversight during a public crisis, especially knowing that they will have some of the same if not even more constraints than citizen election monitors?
PM: It's a very difficult role at the moment for international election observers. We've been in touch with our colleagues at the African Union and the European Union, at the United Nations and Organization of American States and so on. Many of them have been bringing teams home from countries. Some of them have been postponing or canceling sending teams out.
At the same time, there are a number of things that international observers can do. As you mentioned, you can look at things from a distance. You can review the legal framework, which is part of what every international election observation and citizen observers do.
You can compare what has been done over the past few cycles of elections, where recommendations have been made, whether those recommendations were acted upon or whether you find the same problem repeating in the next report and prioritize the issues that you might look to and even be able to inform diplomats and others about things that they should be raising with government.
You can look at disinformation and other information disorder, hate speech and so on, from afar. Certainly you can tune in with what the critical people inside a country who are working on these issues have been doing. You can conduct some long distance interviews with key people in the citizen groups and in the election authorities and the political leaders to learn their opinions about what the state of play is in the country and their concerns going forward.
But when it comes time to put people on the ground, we have to look at travel restrictions. We have to look at countries where foreigners have been seen as people who bring in COVID-19 and there's been violence against them; so security of observers is important. And the numbers of people who may go or where they may be deployed depending upon hotspots in the country and so on.
So this is something that over the course of this year will be a challenge. And the next thing will be a challenge for international election observers is that as so many elections are being postponed, they're being postponed probably towards the end of this year or the beginning of next year, which already has many scheduled elections. So there may be an overwhelming demand for which the supply of financial and human resources runs short.
JB: It does seem like at this point, especially knowing that international election observers in a lot of the places just can't deploy right now, one of the roles to play here is really trying to raise the voices of the citizen groups on the ground that are able to actually do some on the ground observation.
Also keeping in mind, especially for the places we're concerned about authoritarian overreach, thinking about how we can use some of these international mechanisms to push back on democratic backsliding and mitigate tensions in places where it could potentially be a bit more unstable with the current situation.
PM: You're right. That's the contribution that the international community can do, too... To really amplify the voices of the citizenry and to augment their efforts to bring about respect for civil and political rights.
When you have a network of thousands of citizens who have taken the time and the effort to go out of their homes, into the street, to look at what the nature of the threats of violence or vote buying or intimidation to document how these things of disproportionally driven women or restricted women's political and electoral participation, would they have taken the time to go into polling stations, sometimes under threat or coercion?
These people have become a solid core of citizen empowerment in so many countries around the world, and each of those citizens, of course, is using WhatsApp and other ways of talking and they're influencers within a country.
They can gather information, they can give accurate information out, but as they report up through their networks, if there's good collaboration between the reputable citizen groups and the credible international election observers and the international community more broadly, we can use that cooperation that we've been working on over the years to try to bring attention, even when it's hard to shine a light directly on problems in countries that are being affected by this crisis and facing political challenges and stress.
JB: Well, thank you again, Pat, for joining us. I think this has been a particularly relevant discussion. I'd also like to say thank you to our listeners.
To learn more about NDI or to listen to other Dem Works podcasts, please visit our website@www.ndi.org
PM: Thank you, Julia and thank you to the listeners.





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