Procedural law for the data-driven society

Bart van der Sloot, Sascha van Schendel

Research output: Contribution to journalArticleScientificpeer-review

7 Citations (Scopus)

Abstract

Large-scale data applications are becoming an increasingly integral
part of how both public and private sector organisations function.
The transition towards a data-driven society means that processes
within organisations will be organised structurally differently than
they used to be and that decision-making will be based on
profiles and algorithms more often than not. This change requires
several adjustments to the legal regime, both to make the best
possible use of the opportunities this change has to offer and to
lay down safeguards against dangers and risks. To facilitate this
process, a number of changes is needed to the current,
individual-centred legal paradigm, such as laying down a
protective regime for non-personal data, providing protection to
public interests and societal harms and granting a bigger role for
representative and collective actions and public interest litigation.
Original languageEnglish
Pages (from-to)304-332
Number of pages29
JournalInformation & Communications Technology Law
Volume30
Issue number3
Early online date21 Jan 2021
DOIs
Publication statusPublished - 2 Sept 2021

Keywords

  • Big data
  • class action
  • collective interest
  • group representation
  • privacy
  • procedural rights

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