WEBVTT 00:00:00.000 --> 00:00:09.329 preroll music 00:00:09.329 --> 00:00:14.179 Herald: Welcome Jeff with a warm applause on stage. He works for Tactical Tech 00:00:14.179 --> 00:00:19.130 applause 00:00:19.130 --> 00:00:22.860 and will talk about a bias in data and racial profiling 00:00:22.860 --> 00:00:25.870 in Germany compared with the UK. It’s your stage! 00:00:25.870 --> 00:00:30.090 Jeff: Right. Thank you! Yeah, okay! 00:00:30.090 --> 00:00:33.320 My presentation is called “Profiling (In)justice – 00:00:33.320 --> 00:00:36.430 – Disaggregating Data by Race and Ethnicity to Monitor 00:00:36.430 --> 00:00:41.630 and Evaluate Discriminatory Policing”. In terms of my background: 00:00:41.630 --> 00:00:46.780 I’ve done research, doing mostly quantitative research 00:00:46.780 --> 00:00:50.730 around the issues of racial discrimination for a long time. 00:00:50.730 --> 00:00:55.960 In New York, at the Center for Constitutional Rights I was working on 00:00:55.960 --> 00:00:59.800 looking at trends and levels of 00:00:59.800 --> 00:01:04.210 use-of-force by police against civilians, and also on stop-and-search 00:01:04.210 --> 00:01:08.601 against civilians. And then more recently for the last 18 months or so 00:01:08.601 --> 00:01:12.330 I’ve been working as a research consultant at Tactical Tech, 00:01:12.330 --> 00:01:16.360 looking at issues of data politics and privacy. So this is kind of like a merger 00:01:16.360 --> 00:01:21.960 of these 2 areas. In terms of what this presentation is gonna be about: 00:01:21.960 --> 00:01:26.900 there’s gonna be 3 takeaways. First, that 00:01:26.900 --> 00:01:29.590 we’re dealing with the issues of privacy and also [freedom from] discrimination. 00:01:29.590 --> 00:01:34.869 And both are fundamental human rights. But there’s tension between the two. 00:01:34.869 --> 00:01:40.879 And important questions to think about are: “When do privacy concerns exceed 00:01:40.879 --> 00:01:46.490 or take precedence over those of discrimination, or vice versa?” 00:01:46.490 --> 00:01:53.400 Two: That data is political, both in the collection and aggregation of data; 00:01:53.400 --> 00:01:56.930 but also in terms of having the categories of being created. 00:01:56.930 --> 00:02:00.549 And then, three: That data ethics are a complex thing, that things aren’t 00:02:00.549 --> 00:02:05.090 so black-and-white all of the time. So what is racial profiling? 00:02:05.090 --> 00:02:08.910 The term originates from the US. 00:02:08.910 --> 00:02:14.509 And it refers to when a police officer suspects, stops, questions, arrests or… 00:02:14.509 --> 00:02:17.079 you know, or… at other stages (?) of the communal justice system 00:02:17.079 --> 00:02:21.039 because of their perceived race or ethnicity. After 9/11 00:02:21.039 --> 00:02:26.609 it also refers to the profiling of Muslims or people perceived to be Middle Eastern. 00:02:26.609 --> 00:02:31.519 And in German there is no direct translation, so the term ‘Racial Profiling’ (quotes) 00:02:31.519 --> 00:02:36.859 is used a lot in parliamentary hearings and also in court documents. 00:02:36.859 --> 00:02:41.790 So the problem that we’re gonna talk about is that because of the lack of data 00:02:41.790 --> 00:02:46.309 in Germany there’s no empirical evidence to monitor and evaluate 00:02:46.309 --> 00:02:50.729 trends in discrimination. This is creating problems 00:02:50.729 --> 00:02:55.290 for both civil society in terms of looking at these levels and trends over time, 00:02:55.290 --> 00:02:58.199 but also from an individual perspective it becomes difficult for people 00:02:58.199 --> 00:03:02.259 to file complaints. In Germany the only way to file a complaint officially 00:03:02.259 --> 00:03:07.999 is to go to the police department, which introduces power dynamics, 00:03:07.999 --> 00:03:11.349 you know, challenges and additional barriers. But also if you’re an individual 00:03:11.349 --> 00:03:16.329 you have to show that there’s a trend, right? That you are part of another, 00:03:16.329 --> 00:03:19.759 a long standing story. And without this data it becomes difficult to prove 00:03:19.759 --> 00:03:24.049 that that’s happening. So what we’re needing, 00:03:24.049 --> 00:03:27.159 or what some people are calling for, is having this data 00:03:27.159 --> 00:03:32.850 at a state and a sort of national level. And this ratio that I’m putting here, 00:03:32.850 --> 00:03:36.019 referring to policing, is looking at the rate at which people are stopped 00:03:36.019 --> 00:03:41.629 over the census figure of the demographic share of the population. 00:03:41.629 --> 00:03:44.900 And you really need both; the first being on the police side and 00:03:44.900 --> 00:03:49.589 the second being on the census. So that, you know, if you only have one, 00:03:49.589 --> 00:03:52.170 if you only have the rate at which police were stopping people then you actually 00:03:52.170 --> 00:03:55.169 can’t see if this is discriminatory or not. And if you only have the census 00:03:55.169 --> 00:03:59.720 then you can’t see that, either. So you really need both. 00:03:59.720 --> 00:04:03.790 The European Commission, the International Labour Organisation and academics are all 00:04:03.790 --> 00:04:10.549 calling for these… the creation of standardized and comparable data sets. 00:04:10.549 --> 00:04:13.939 And I’m not gonna read these out, but I can go back to them later 00:04:13.939 --> 00:04:18.760 if you’re interested. But what I’m gonna talk about is comparing the UK 00:04:18.760 --> 00:04:23.290 to that of Germany. So in Germany, 00:04:23.290 --> 00:04:28.130 in 1983 there was a census; or there was an attempt to making a census. 00:04:28.130 --> 00:04:31.970 But due to wide-spread resentment and disenfranchisement, 00:04:31.970 --> 00:04:37.190 fears of surveillance and lack of trust in state data collection 00:04:37.190 --> 00:04:42.490 there was a big boycott. Or people deliberately filled in forms wrong. 00:04:42.490 --> 00:04:45.280 In some cases there were even bombings of statistical offices. 00:04:45.280 --> 00:04:51.220 Or people spilled coffee over census forms to try to deliberately ruin them. 00:04:51.220 --> 00:04:55.530 As a couple of other presentations at the conference have already said 00:04:55.530 --> 00:04:59.250 this was found to be an unconstitutional census. 00:04:59.250 --> 00:05:01.990 Because of the way that they were framing it. 00:05:01.990 --> 00:05:08.520 Comparing the census to household registrations. 00:05:08.520 --> 00:05:14.900 And so the census was delayed until 1987, 00:05:14.900 --> 00:05:19.930 which was the most recent census until the most recent European one in 2011. 00:05:19.930 --> 00:05:23.260 This Supreme Court decision was really important 00:05:23.260 --> 00:05:28.810 because it established this right for informational self-determination. 00:05:28.810 --> 00:05:33.040 Very important for privacy in terms of Germany. 00:05:33.040 --> 00:05:37.710 You know, until today. So what kinds of information is being collected? 00:05:37.710 --> 00:05:40.690 In Germany we have pretty standard kind of demographic information things 00:05:40.690 --> 00:05:45.200 like gender, age, income, religion. But what I want to talk about in particular 00:05:45.200 --> 00:05:49.200 is country origin and country citizenship. 00:05:49.200 --> 00:05:53.660 Which are used to determine a person of migration background. And 00:05:53.660 --> 00:05:56.860 this term ‘person of migration background’ generally refers to whether you, 00:05:56.860 --> 00:06:00.220 your parents or your grandparents – the first, second or third generation – 00:06:00.220 --> 00:06:03.960 come from a migrant background. Right, and 00:06:03.960 --> 00:06:10.000 this term is used oftentimes as a proxy for ethnic or for racial diversity in Germany. 00:06:10.000 --> 00:06:15.050 And this is problematic because you’re using citizenship as a proxy 00:06:15.050 --> 00:06:20.080 for looking at racial and ethnic identity. And it also ignores the experiences 00:06:20.080 --> 00:06:23.450 and identities, the self identities of people who don’t fall into 00:06:23.450 --> 00:06:26.870 this ‘first, second or third generation’, right? People who may identify 00:06:26.870 --> 00:06:30.690 as Black German, let’s say. But of fourth, fifth or sixth generation. 00:06:30.690 --> 00:06:34.710 They’re just ignored in this data set. So they fall out. 00:06:34.710 --> 00:06:38.160 Also, it’s difficult to measure these at a national level because each state 00:06:38.160 --> 00:06:41.950 has different definitions of what constitutes a migrant background. 00:06:41.950 --> 00:06:44.790 So we don’t have this at a national level but also within states there’s no way 00:06:44.790 --> 00:06:49.370 to compare them. Of course, not having that data doesn’t mean 00:06:49.370 --> 00:06:53.840 that there’s no racism, right? And so in 2005 e.g. we see 00:06:53.840 --> 00:06:57.180 that neo-Nazi incidents have increased 25% 00:06:57.180 --> 00:07:03.320 – the NSU case coming out but still going on in court proceedings. 00:07:03.320 --> 00:07:08.020 The xenophobic attacks but also the way in which these crimes were investigated 00:07:08.020 --> 00:07:13.670 – at a state and at a federal level – and the way that it was botched, 00:07:13.670 --> 00:07:17.900 in addition to showing that racism now in general 00:07:17.900 --> 00:07:22.230 is at a higher rate than it has been for the last 30 years. And much more recently 00:07:22.230 --> 00:07:26.710 seeing the rise in arson attacks on refugee centers. There’s been 00:07:26.710 --> 00:07:30.360 over 200 attacks this year so far. You know, all of these showed 00:07:30.360 --> 00:07:34.220 that not collecting this data doesn’t mean that we don’t have a problem. 00:07:34.220 --> 00:07:40.830 So, the UK by comparison: In 1981, there was the Brixton riots, 00:07:40.830 --> 00:07:45.670 in an area of London. And these arose largely 00:07:45.670 --> 00:07:50.320 because of resentment towards the way that police were 00:07:50.320 --> 00:07:53.550 carrying out what they called ‘Sus Laws’. Or people being able to be stopped 00:07:53.550 --> 00:07:58.080 on suspicion of committing a crime, carrying drugs, 00:07:58.080 --> 00:08:03.650 having a weapon etc. and so forth. And so in the aftermath of the riot 00:08:03.650 --> 00:08:07.550 they came up with this report called the ‘Scarman report’. And this found 00:08:07.550 --> 00:08:11.150 that there is much disproportionality in the way that Police were carrying out 00:08:11.150 --> 00:08:16.280 their stop-and-search procedures. So for the first time this required… 00:08:16.280 --> 00:08:20.130 or one of the reforms that was instituted was that UK Police started 00:08:20.130 --> 00:08:26.750 to have to collect data on race or ethnicity during the stops. 00:08:26.750 --> 00:08:29.600 When they stop a person they have to start collecting this data. And then you have 00:08:29.600 --> 00:08:34.629 a baseline that’s being established. Around the same time in the UK 00:08:34.629 --> 00:08:38.729 we have the 1981 census. 00:08:38.729 --> 00:08:41.809 And in society they were having a lot of debates around 00:08:41.809 --> 00:08:45.899 whether or not they wanted to have this… 00:08:45.899 --> 00:08:49.971 collecting this baseline national level (?) figure, because we need these 2 things 00:08:49.971 --> 00:08:56.260 for this ratio in order to monitor and evaluate levels of discrimination. 00:08:56.260 --> 00:09:00.240 But, you know, there was a lot of opposition to this. 00:09:00.240 --> 00:09:04.829 And many found it to be (quote) “morally and politically objectionable”. 00:09:04.829 --> 00:09:08.570 But not for the reason you’d think. People found objections to it 00:09:08.570 --> 00:09:13.230 not because of asking these question, but because of the way that the question 00:09:13.230 --> 00:09:17.190 was phrased, with the categories that were being used. And they did surveys 00:09:17.190 --> 00:09:21.399 between ’75 and about ’95, and found that 00:09:21.399 --> 00:09:26.529 among marginalized communities and in minority ethnicity groups 00:09:26.529 --> 00:09:31.329 there was actually a lot of support for collecting this kind of data. 00:09:31.329 --> 00:09:35.250 They just wanted to have it phrased to be different. And so ’91 they started 00:09:35.250 --> 00:09:40.359 to collect the data. They put this ‘race question’ in. And here I have, 00:09:40.359 --> 00:09:45.600 in 2011 – the most recent census – some of the kinds of categories 00:09:45.600 --> 00:09:50.049 that they wanted to also include. And they’ve changed over time. 00:09:50.049 --> 00:09:54.329 So e.g. like ‘White Irish people’ felt that they also were discriminated against. 00:09:54.329 --> 00:09:58.930 And they experienced things differently than white British people, e.g. 00:09:58.930 --> 00:10:03.231 So having things broken down further would be helpful for them 00:10:03.231 --> 00:10:09.720 in terms of highlighting discrimination that each specific demographic faces. 00:10:09.720 --> 00:10:14.379 So around that time ’91, ’93 we have the murder of Stephen Lawrence 00:10:14.379 --> 00:10:19.130 in an unprovoked racist attack. Nobody was ever convicted of that. But 00:10:19.130 --> 00:10:22.529 what’s important is that we have this ‘Macpherson report’ that came out. 00:10:22.529 --> 00:10:27.290 And it developed a lot of recommendations, 70, and most of them were adopted. 00:10:27.290 --> 00:10:31.529 One: to be collecting this at a national level, and to be comparing these. 00:10:31.529 --> 00:10:35.199 In 2011 they stopped mandating that you had to collect this data, 00:10:35.199 --> 00:10:38.709 at a national level. So none of the data from then going forward 00:10:38.709 --> 00:10:42.659 can actually be trusted. Some forces continued to do it, 00:10:42.659 --> 00:10:46.270 but not all of them. So you can’t actually compare them between forces. 00:10:46.270 --> 00:10:50.249 In the same year we have these London riots. The Guardian and LSE put out 00:10:50.249 --> 00:10:54.190 a report called “Reading the Riots”. Where they did a lot of interviews with people 00:10:54.190 --> 00:10:58.429 who participated. And they found that most of the people who participated 00:10:58.429 --> 00:11:03.569 had feelings of… that they were mistreated by Police. 00:11:03.569 --> 00:11:07.820 Or that there is racial discrimination in terms of the policing practices. 00:11:07.820 --> 00:11:11.760 That they weren’t being treated with respect. 00:11:11.760 --> 00:11:16.710 So to put some data to that: Before this was removed 00:11:16.710 --> 00:11:22.219 there… it was 2 different types of stops in the UK. Those PACE stops, 00:11:22.219 --> 00:11:25.769 where you stops with reasonable suspicion. 00:11:25.769 --> 00:11:30.379 And among that you have e.g. black people stopped at 7 times the rate of white people. 00:11:30.379 --> 00:11:34.690 Asian people – Asian referring to (?)(?)(?)(?) Southeast Asian in the UK – 00:11:34.690 --> 00:11:39.430 at twice the rate. And ‘Section 60 stops’: where you don’t have to actually have 00:11:39.430 --> 00:11:43.399 reasonable suspicion. And when you don’t need to have that you have much, much 00:11:43.399 --> 00:11:51.840 higher rates. 26.6 times the rate of white people black people are being stopped at. 00:11:51.840 --> 00:11:54.069 But the State Department even coming out and they’re saying: “There’s 00:11:54.069 --> 00:11:59.730 no relationship between criminality and race… criminality and ethnicity”. 00:11:59.730 --> 00:12:02.450 In fact it’s like: If people are being stopped at these rates it’s… 00:12:02.450 --> 00:12:06.670 it’s in the wrong direction. You have white males in particular who are 00:12:06.670 --> 00:12:10.020 fending at higher rates. Who are using drugs at a higher rate. Who are 00:12:10.020 --> 00:12:15.060 possessing weapons at a higher rate. But that’s not who’s being stopped. 00:12:15.060 --> 00:12:19.579 There is a connection though between race and ethnicity and poverty. 00:12:19.579 --> 00:12:23.040 So you can see here, they call it like BAME groups, or ‘Black, Asian and 00:12:23.040 --> 00:12:27.220 Minority Ethnicity’. And you can see that among like wealth and assets: 00:12:27.220 --> 00:12:30.710 it’s much, much lower for non-white households. Unemployment rates 00:12:30.710 --> 00:12:36.149 are much higher as well. Income is much lower. 00:12:36.149 --> 00:12:39.809 So I like making maps. And I think maps are really cool. ’Cause you can 00:12:39.809 --> 00:12:44.269 tell stories when you overlay a lot of data with it. So on the left 00:12:44.269 --> 00:12:50.699 I put by different borough in London where people are actually being stopped. 00:12:50.699 --> 00:12:54.529 Per 1,000 people in 2012. And on the right I put 00:12:54.529 --> 00:12:58.789 where the crime is actually occurring. And this is coming from UK Police. 00:12:58.789 --> 00:13:02.009 And so you can see that where people are being stopped isn’t exactly 00:13:02.009 --> 00:13:05.799 where the crime is actually happening. And if you’re seeing this stop-and-search 00:13:05.799 --> 00:13:11.069 as a crime preventing tactic then we have to question why this isn’t lining up. 00:13:11.069 --> 00:13:15.449 Going back to this ratio: 00:13:15.449 --> 00:13:19.459 earlier I mentioned like – having the rate at which one group is being stopped 00:13:19.459 --> 00:13:22.990 over that share of the total population. 00:13:22.990 --> 00:13:26.000 And we can take it a step further and we can compare that to… 00:13:26.000 --> 00:13:29.029 between different demographic groups. 00:13:29.029 --> 00:13:33.610 And when using census figures combined with police figures, 00:13:33.610 --> 00:13:38.500 we can do things like looking on the left. I mean this disproportionality ratio, 00:13:38.500 --> 00:13:41.260 so the rate at which black groups as a share are stopped 00:13:41.260 --> 00:13:45.839 versus the total population, compared to white groups are stopped. 00:13:45.839 --> 00:13:49.920 And you can see the darker areas is where you have a higher rate. 00:13:49.920 --> 00:13:56.230 So when we’re talking about those ‘7 times, or 26 times more likely’ 00:13:56.230 --> 00:13:59.959 these are those areas that we’re talking about. And so the darker areas: 00:13:59.959 --> 00:14:05.909 you can see that when compared to poverty, 00:14:05.909 --> 00:14:09.309 people are stopped… there’s greater disproportionality ratios 00:14:09.309 --> 00:14:13.030 in wealthier areas than there are in poorer areas. And this is kind of 00:14:13.030 --> 00:14:16.989 a way, you could say, almost of perceiving people of colour 00:14:16.989 --> 00:14:24.510 as others who shouldn’t belong in these areas. It’s also… you can… 00:14:24.510 --> 00:14:27.819 when combined with other census information you can see that you have 00:14:27.819 --> 00:14:32.069 more discrimination, you have more disparities in areas that are more white 00:14:32.069 --> 00:14:36.240 and also less racially diverse. 00:14:36.240 --> 00:14:40.069 So this is kind of all on the same kind of a message. 00:14:40.069 --> 00:14:44.229 But if it works fine? – It doesn’t. UK Police is saying that 00:14:44.229 --> 00:14:49.499 at most they have a 6% arrest rate of all stops. 00:14:49.499 --> 00:14:52.970 And arrests are not conviction rates. 00:14:52.970 --> 00:14:59.319 Looking for weapons we have like less than 1% of a positive search rate. 00:14:59.319 --> 00:15:03.350 And the European Human Rights Commission e.g. has called for reform 00:15:03.350 --> 00:15:06.999 of these practices. The UN has called for reform of these practices. 00:15:06.999 --> 00:15:12.559 And they instituted like a reform that called for 00:15:12.559 --> 00:15:19.039 having a 20% arrest quota. And so that could either go positively or negatively. 00:15:19.039 --> 00:15:21.649 Making a higher quota means that you could be just arresting more people 00:15:21.649 --> 00:15:26.439 that you’re stopping. More likely, or hopefully it means that you have 00:15:26.439 --> 00:15:31.550 a higher justification or grounds for stopping a person. 00:15:31.550 --> 00:15:35.430 So these are the kinds of things you can do in the UK, with these kinds of data. 00:15:35.430 --> 00:15:40.079 In Germany, you can’t. But I wanna highlight there’s this one case 00:15:40.079 --> 00:15:45.150 in Koblenz in 2010. There was a student of… 00:15:45.150 --> 00:15:50.050 unnamed, black student who is stopped travelling on train, 00:15:50.050 --> 00:15:53.310 and who was asked to show his ID. And he refused. And he said: “No, 00:15:53.310 --> 00:16:01.190 I’m not gonna do that. This is reminiscent of Nazi era tactics”. 00:16:01.190 --> 00:16:07.509 And so he was charged with slander. And he was brought into court. 00:16:07.509 --> 00:16:11.439 And the police officer, when it was in court, said, (quote): 00:16:11.439 --> 00:16:16.149 “I approach people that look like foreigners, this is based on skin colour.” 00:16:16.149 --> 00:16:20.209 And so this is for the first time the police have admitted that 00:16:20.209 --> 00:16:23.470 their grounds for doing immigration related stops are based on 00:16:23.470 --> 00:16:28.520 perceived race or ethnicity. The judge sided with the police. 00:16:28.520 --> 00:16:32.029 That this was good justification, like it was good grounds. 00:16:32.029 --> 00:16:36.779 But a higher court ruled that that wasn’t the case. 00:16:36.779 --> 00:16:38.540 They said: “Yeah, this is unconstitutional, 00:16:38.540 --> 00:16:42.339 you can’t actually do it, it violates the constitution.” 00:16:42.339 --> 00:16:46.249 No person shall be favoured or disfavoured because of sex, parentage, race, 00:16:46.249 --> 00:16:50.739 language, homeland, origin, faith, religious… etc. 00:16:50.739 --> 00:16:54.360 Just as a side note there’s been a large movement to remove this term ‘race’ 00:16:54.360 --> 00:16:58.410 from that part of the constitution since it’s been put in. 00:16:58.410 --> 00:17:02.189 And also the court dismissed the slander charge. They said: “No, this student…” 00:17:02.189 --> 00:17:07.160 like he’s actually able to critique the police, you know, in this way. 00:17:07.160 --> 00:17:10.660 But after we have the response by the police union, 00:17:10.660 --> 00:17:14.440 the head of the police union at the time, who said (quote): 00:17:14.440 --> 00:17:18.010 “The courts deal with the law in an aesthetical pleasing way, but 00:17:18.010 --> 00:17:21.760 they don’t make sure their judgments match practical requirements”. 00:17:21.760 --> 00:17:25.400 And so what this means is: we see that according to the police union 00:17:25.400 --> 00:17:28.870 – this isn’t official response, but this is from the Police Union itself – 00:17:28.870 --> 00:17:32.920 they say that we need to profile. We need to do this. 00:17:32.920 --> 00:17:38.750 Or else we aren’t able to do immigration related stops. 00:17:38.750 --> 00:17:43.470 That’s crazy. They also… I mean, at the same time 00:17:43.470 --> 00:17:46.840 when they were doing these parliamentary hearings they institute these mandatory 00:17:46.840 --> 00:17:50.660 inter cultural trainings for police officers. And these are kind of 00:17:50.660 --> 00:17:55.210 like a one-day training where you go and learn all about 00:17:55.210 --> 00:17:58.650 how to deal with people from different cultures. But in some of the interviews 00:17:58.650 --> 00:18:01.910 that I was doing they said: “Okay, well, this isn’t an inter cultural issue. 00:18:01.910 --> 00:18:05.730 This is a racism issue”. 00:18:05.730 --> 00:18:08.250 People aren’t just coming from other places. These are Germans, 00:18:08.250 --> 00:18:11.000 these are people who grew up here. These are people who live here. Who know 00:18:11.000 --> 00:18:15.970 how to speak the language. Who were born and raised… 00:18:15.970 --> 00:18:19.260 And we need to be dealing with this in a different way. 00:18:19.260 --> 00:18:23.250 However, in this time, we see that racial profiling has become part of 00:18:23.250 --> 00:18:29.560 the national conversation. And so this is the sticker that somebody put up 00:18:29.560 --> 00:18:33.040 in Berlin, in a U-Bahn. It says: “Attention…, 00:18:33.040 --> 00:18:36.140 we practice RACIAL PROFILING while checking the validity of your ticket”. 00:18:36.140 --> 00:18:42.200 It’s not real, but it looks… I think it’s kind of cool. 00:18:42.200 --> 00:18:45.790 When they were doing this in these Bundestag hearings… 00:18:45.790 --> 00:18:50.260 they released data for Federal Police for 2013. This is the first time 00:18:50.260 --> 00:18:54.270 that we have any data that’s released. No data has ever been released 00:18:54.270 --> 00:18:57.430 based on State Police stops. They say that they’re not actually 00:18:57.430 --> 00:19:01.010 collecting the information, so they don’t have anything to show. Of course 00:19:01.010 --> 00:19:03.960 the figures that are released from the Federal Police are not disaggregated 00:19:03.960 --> 00:19:08.000 by race and ethnicity. But what does this actually show? 00:19:08.000 --> 00:19:17.270 So, most of the stops, over 85% are border stops. 00:19:17.270 --> 00:19:20.910 Border being within ca. 30 km of the German border. 00:19:20.910 --> 00:19:25.540 So this is actually taking into account most of the German population. 00:19:25.540 --> 00:19:29.470 But if we’re doing these immigration related stops then… if we break it down 00:19:29.470 --> 00:19:34.430 by offense – in the last two, these are the immigration related offenses 00:19:34.430 --> 00:19:38.910 that people are committing – and we have less than, at most, 00:19:38.910 --> 00:19:44.080 maybe 1% of people who are found to be a positive, 00:19:44.080 --> 00:19:48.100 meaning that they’re found to be violating some kind of offense. It’s – again, 00:19:48.100 --> 00:19:53.930 it’s not a conviction, right? And people can challenge this. 00:19:53.930 --> 00:19:56.550 E.g. like you don’t have to have your ID on you in all times. You can 00:19:56.550 --> 00:20:00.470 present it later, and the charge can go away. 00:20:00.470 --> 00:20:05.080 But if we have such low rates of positive searches 00:20:05.080 --> 00:20:10.980 then like why is this happening? Why do we feel that with such good data, 00:20:10.980 --> 00:20:18.950 and knowing, as good researchers, why are we continuing this as a practice? 00:20:18.950 --> 00:20:22.000 On one of the other interviews that I was doing they found that okay well: 00:20:22.000 --> 00:20:26.470 You know, we know this is ineffective. But this has the effect of criminalizing 00:20:26.470 --> 00:20:31.550 our communities. And whether or not this is true 00:20:31.550 --> 00:20:35.130 is an argument for why we should maybe have this kind of data to show that 00:20:35.130 --> 00:20:41.220 this is or is not actually occurring. Of course, European Commission 00:20:41.220 --> 00:20:46.490 against racism and intolerance and the UN have said: “Well, even among this at most 00:20:46.490 --> 00:20:50.021 1% positive rates these are not being distributed evenly, and 00:20:50.021 --> 00:20:53.700 you have people of certain groups that are being stopped at rates higher than others, 00:20:53.700 --> 00:20:58.870 particularly black and other minority ethnicity groups.” 00:20:58.870 --> 00:21:05.670 Okay, so, going back, why… into the initial question… 00:21:05.670 --> 00:21:10.670 If we have both freedom from discrimination and the right to privacy 00:21:10.670 --> 00:21:15.930 as these human rights how do we address this tension? 00:21:15.930 --> 00:21:18.270 And how do we make sure that we’re making the right decision in terms of 00:21:18.270 --> 00:21:23.440 which takes precedence? And so I came… or I’ve thought of 3 different reasons 00:21:23.440 --> 00:21:27.690 why this isn’t happening. The first being a series of legal challenges. 00:21:27.690 --> 00:21:31.740 Things that are preventing us from implementing this 00:21:31.740 --> 00:21:36.400 from a legal basis. And the first… you know there’s 3 exceptions 00:21:36.400 --> 00:21:39.240 that would allow for this data to be collected. 00:21:39.240 --> 00:21:43.350 (1) The first being if there’s a provision in EU directive that calls for collecting 00:21:43.350 --> 00:21:49.700 this kind of a data. And within that (2) if you have the consent of the person 00:21:49.700 --> 00:21:53.770 the data is subject, let’s say. Consent is kind of a difficult thing 00:21:53.770 --> 00:21:57.970 and we could have a whole conversation just about that on its own. 00:21:57.970 --> 00:22:00.950 If you’re being stopped by police officer to what extent can you actually consent 00:22:00.950 --> 00:22:06.660 to the data that’s being collected? But this is put in place 00:22:06.660 --> 00:22:10.510 as one of the mandatory legal requirements. 00:22:10.510 --> 00:22:16.050 Or (3) if there’s an exception in the hopefully soon to be finalized 00:22:16.050 --> 00:22:19.460 EU Data Protection law that allows for collecting data 00:22:19.460 --> 00:22:23.020 if it’s in the public interest. So you could argue that we need to be collecting 00:22:23.020 --> 00:22:28.920 this data because monitoring and evaluating discrimination 00:22:28.920 --> 00:22:34.480 is a problem that we need to solve as a society, right? 00:22:34.480 --> 00:22:38.810 Two: As a lot of people here at the conference are talking about: 00:22:38.810 --> 00:22:42.950 there’s a lot of distrust in terms of collecting data by the state. 00:22:42.950 --> 00:22:47.960 Particularly sensitive data. But I mean as many of us are already aware 00:22:47.960 --> 00:22:53.520 this data is already being collected. And this doesn’t mean that we should maybe 00:22:53.520 --> 00:22:57.680 collect more just for the sake of collecting data. 00:22:57.680 --> 00:23:01.460 But in terms of sensitive data – 00:23:01.460 --> 00:23:04.990 we’re collecting things also like medical data. And medical data sometimes 00:23:04.990 --> 00:23:08.720 is interesting for looking at trends in terms of the illnesses, 00:23:08.720 --> 00:23:14.850 and where illnesses spread. And you can look at this as also possibly a way of 00:23:14.850 --> 00:23:21.130 using sensitive data for highlighting and monitoring public problems. 00:23:21.130 --> 00:23:25.150 And, (3), we have these challenges in determining 00:23:25.150 --> 00:23:29.060 which kind of categories we should put in place. 00:23:29.060 --> 00:23:32.890 But, like the UK, if something were implemented in Germany 00:23:32.890 --> 00:23:37.090 I feel as though this would change over time as other groups also want their data 00:23:37.090 --> 00:23:43.490 to be collected… or not! 00:23:43.490 --> 00:23:48.400 So that’s kind of where I’m at. I think that 00:23:48.400 --> 00:23:51.480 there are no easy answers in terms of whether we should or should not do this. 00:23:51.480 --> 00:23:53.670 But I think that at the very least we should be starting to have 00:23:53.670 --> 00:23:56.500 these conversations. And I think that it’s important to start having these 00:23:56.500 --> 00:23:59.440 conversations with communities themselves who are being targeted, 00:23:59.440 --> 00:24:05.060 or feel they’re being profiled. So, thank you! 00:24:05.060 --> 00:24:16.320 applause 00:24:16.320 --> 00:24:20.420 Herald: It was an awesome talk. I think there might be 5 minutes for questions. 00:24:20.420 --> 00:24:24.620 There are mics over there and over there. And whoever has a question, 00:24:24.620 --> 00:24:28.140 like in the front rows, I can come walk to you. 00:24:28.140 --> 00:24:30.980 Question: Thank you very much. I’m just wondering in terms of… 00:24:30.980 --> 00:24:33.370 are you sort of creating this… 00:24:33.370 --> 00:24:34.690 Jeff: I’m sorry, I can’t hear you… 00:24:34.690 --> 00:24:37.260 Question: Sorry, of course… I’m sort of curious in terms of how you’re 00:24:37.260 --> 00:24:40.990 creating the disproportionate demographics where there will be birth, including 00:24:40.990 --> 00:24:44.520 other kinds of information, such as sex, age, time of day they’re stopped. 00:24:44.520 --> 00:24:46.300 Because there’s possibly unemployment bias as well… 00:24:46.300 --> 00:24:47.830 Jeff: I’m sorry, I still can’t actually hear you. 00:24:47.830 --> 00:24:52.510 Question: Sorry… whether it’d be worth including, say, other details 00:24:52.510 --> 00:24:56.350 about people, such as their sex, their age, maybe the time of day that 00:24:56.350 --> 00:25:01.880 these stops are happening. As there may be a bias towards the unemployed. 00:25:01.880 --> 00:25:06.760 If that’s possible, do you think, with the UK census data? 00:25:06.760 --> 00:25:10.350 Jeff: So you’re asking: Do I feel as though we should also be including 00:25:10.350 --> 00:25:15.090 other kinds of demographic data? Yeah. I mean I do, but I think that 00:25:15.090 --> 00:25:18.600 I shouldn’t be the one who’s deciding how to implement these programs. And I think 00:25:18.600 --> 00:25:23.190 that we should be speaking with the communities themselves 00:25:23.190 --> 00:25:26.530 and having them give their opinion. So if this is something that those communities 00:25:26.530 --> 00:25:30.260 who feel that they’re being targeted or being discriminated against 00:25:30.260 --> 00:25:33.800 want to include then I think that they should be taken into account. But 00:25:33.800 --> 00:25:37.470 I don’t know that I should be the one who’s deciding that. 00:25:37.470 --> 00:25:40.980 Herald: Okay, next question over there, please. 00:25:40.980 --> 00:25:45.230 Question: To this ratio you’ve been talking about: So you compare 00:25:45.230 --> 00:25:49.530 census data to – as you said in the definition 00:25:49.530 --> 00:25:53.510 in the first slide – perceived ethnicity or race. 00:25:53.510 --> 00:25:57.810 So it is an attribution of the persons themselves in a census 00:25:57.810 --> 00:26:01.730 compared to attribution per police officers. And those 00:26:01.730 --> 00:26:05.490 won’t necessarily match, I’m not sure. So I was just wondering 00:26:05.490 --> 00:26:08.980 whether you could comment on that a bit. And this is related 00:26:08.980 --> 00:26:13.130 to the second question when it comes about: We don’t get this data 00:26:13.130 --> 00:26:17.600 maybe from the police, because it’s difficult for the state to collect it. 00:26:17.600 --> 00:26:21.560 But maybe we could get the data from those which suffer from discrimination 00:26:21.560 --> 00:26:25.830 in the first place. So do you see any possibility for public platforms… 00:26:25.830 --> 00:26:29.930 So I was reminded of this idea from Egypt, HarassMap (?) 00:26:29.930 --> 00:26:34.140 which is about sexual harassment of women. That just made visible, 00:26:34.140 --> 00:26:37.710 with maps, similar to what you do, actually where this happened, 00:26:37.710 --> 00:26:42.860 when this happened, and how this happened. But it’s been the people themselves 00:26:42.860 --> 00:26:46.700 speaking out and making this heard. And I was wondering 00:26:46.700 --> 00:26:51.600 whether that may be another source of the data you would be needing for your work. 00:26:51.600 --> 00:26:55.750 Jeff: So the first question was talking about whether we should be using 00:26:55.750 --> 00:26:58.640 ‘self-identified’ vs. ‘perceived’, right? 00:26:58.640 --> 00:27:02.280 Yeah, I mean they may not line up, right? 00:27:02.280 --> 00:27:06.470 People can be perceived in a way different than they identify. 00:27:06.470 --> 00:27:10.450 Some groups in Germany are calling for both. 00:27:10.450 --> 00:27:14.500 They’re calling for kind of like a two-ticket mechanism 00:27:14.500 --> 00:27:19.750 where you have people who put how they self-identify 00:27:19.750 --> 00:27:24.040 and also how the Police are identifying them. If we’re looking for patterns 00:27:24.040 --> 00:27:27.580 of discrimination then it may actually be more interesting if we’re looking at 00:27:27.580 --> 00:27:31.580 how people are perceived. Then, how people self-identify. 00:27:31.580 --> 00:27:35.520 But I think it’s important to take both into account. And for the second question, 00:27:35.520 --> 00:27:38.170 I’m sorry, I kind of forgot what that was. 00:27:38.170 --> 00:27:42.010 Question: Like asking the people themselves for data 00:27:42.010 --> 00:27:45.770 when they suffer from discrimination or [are] being stopped more. 00:27:45.770 --> 00:27:49.790 Jeff: Yeah, no, I mean I think that’s a great idea. And there was a survey 00:27:49.790 --> 00:27:53.890 that was actually just done, that was doing just that! 00:27:53.890 --> 00:27:57.200 The findings haven’t been released, but it just finishes up. And it’s looking 00:27:57.200 --> 00:28:01.370 at different types of experiences of discrimination that people are having. 00:28:01.370 --> 00:28:05.600 There’s also organisations like social worker organisations 00:28:05.600 --> 00:28:08.730 that have been collecting this data for a long time. 00:28:08.730 --> 00:28:14.420 Having hundreds and hundreds of cases. Yeah, thanks! 00:28:14.420 --> 00:28:19.640 postroll music 00:28:19.640 --> 00:28:25.421 Subtitles created by c3subtitles.de in the year 2016. Join, and help us!