Privacy, Big Data, and the Public Good: Monitoring, Datafication, and Consent: Legal Approaches to Privacy in the Big Data Context

摘要: Introduction Knowledge is power. ‘Big data’ has great potential to benefit society. At the same time, its availability creates significant for mistaken, misguided, or malevolent uses of personal information. The conundrum law provide space big data fulfill societal benefit, while protecting citizens adequately from related individual and social harms. Current privacy evolved address different concerns must be adapted confront data’s challenges. This chapter addresses only one aspect law: regulation private sector acquisition, aggregation, transfer It provides an overview taxonomy current law, highlighting mismatch between context, with goal informing debate about how bring practice into optimal harmony. Part I briefly describes in United States response a changing technological milieu. II introduces laws relating based on following features: (1) whether rule- fact-based standard; (2) substantive procedural, sense defined below; (3) which mode(s) acquisition are covered by law. also argues that recording, organization information form can used mining, here dubbed ‘datafication’, distinct implications often go unrecognized III selective relevant light taxonomy. Section A discusses most standards-like legal regimes, such as torts, determining liability generally involves fact-specific analysis behavior both subjects those who acquire (‘data handlers’). B Federal Trade Commission’s (FTC’s) ‘unfair deceptive trade practices’ standard, depends inquiry handlers, but makes general assumptions subjects.