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The Boundaries of Data
The legal domain distinguishes between different types of data and attaches a different level of protection to each of them. Thus, non-personal data are left largely unregulated, while privacy and data protection rules apply to personal data or personal information. There are stricter rules for processing sensitive personal data than for 'ordinary' personal data, and metadata or communications data are regulated differently than content communications data. Technological developments challenge these legal categorisations on at least three fronts: First, the lines between the categories are becoming harder to draw and more fluid. Second, working with various categories of data works well when the category a datum or dataset falls into is relatively stable. However, this is less and less so. Third, scholars increasingly question the rationale behind the various legal categorisations. This book assesses to what extent either of these strategies is feasible and to what extent alternative approaches could be developed by combining insights from three fields: technology, practice and law.
Regulating New Technologies in Uncertain Times
This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.
Effective Protection of the Rights of the Accused in the EU Directives
The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.
Privacy and Identity Management. Fairness, Accountability, and Transparency in the Age of Big Data
This book contains selected papers presented at the 13th IFIP WG 9.2, 9.6/11.7, 11.6/SIG 9.2.2 International Summer School on Privacy and Identity Management, held in Vienna, Austria, in August 2018. The 10 full papers included in this volume were carefully reviewed and selected from 27 submissions. Also included are reviewed papers summarizing the results of workshops and tutorials that were held at the Summer School as well as papers contributed by several of the invited speakers. The papers combine interdisciplinary approaches to bring together a host of perspectives: technical, legal, regulatory, socio-economic, social, societal, political, ethical, anthropological, philosophical, historical, and psychological.
Standards for the Control of Algorithmic Bias
Governments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowl...
Handbook on the Politics and Governance of Big Data and Artificial Intelligence
Drawing on the theoretical debates, practical applications, and sectoral approaches in the field, this ground-breaking Handbook unpacks the political and regulatory developments in AI and big data governance. Covering the political implications of big data and AI on international relations, as well as emerging initiatives for legal regulation, it provides an accessible overview of ongoing data science discourses in politics, law and governance. This title contains one or more Open Access chapters.
Research Handbook on EU Data Protection Law
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
The Cambridge Handbook of Private Law and Artificial Intelligence
AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.
Health Data Privacy under the GDPR
The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dig...
