Implementing Personalized Law: Personalized Disclosures in Consumer Law and Privacy Law

15 Pages Posted: 1 Jun 2018

See all articles by Christoph Busch

Christoph Busch

University of Osnabrück - European Legal Studies Institute

Date Written: March 24, 2018

Abstract

This Article explores how the rise of Big Data and algorithm-based regulation could fundamentally change the design and structure of disclosure mandates in consumer law and privacy law. Impersonal information duties and standardized notices could be replaced by granular legal norms which provide personalized disclosures based on informational needs of an individual and personal preferences.

The Article makes several contributions to the emerging debate about personalized law. First, it shows how information technology can be implemented for tailoring disclosures in consumer law and privacy law in order to take into account actor heterogeneity. Second, it argues that personalized disclosures should be conceived as a learning system based on feedback mechanisms in order to continuously improve the relevance of the information provided. Third, the article explores the ramifications of personalization for compliance monitoring and enforcement. Finally, the Article claims that with the advent of the Internet of Things, the wave of the future, at least in data privacy law, could be a mix of personalized defaults implemented through virtual personal assistants and only occasional active choices.

Keywords: Big data, artificial intelligence, algorithms, personalized law, granular legal norms, consumer law, privacy, GDPR

JEL Classification: K00, K12

Suggested Citation

Busch, Christoph, Implementing Personalized Law: Personalized Disclosures in Consumer Law and Privacy Law (March 24, 2018). University of Chicago Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3181913 or http://dx.doi.org/10.2139/ssrn.3181913

Christoph Busch (Contact Author)

University of Osnabrück - European Legal Studies Institute ( email )

Suesterstrasse 28
Osnabrueck, 49069
Germany

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