In Praise of an Empowerment Disclosure Regulatory Approach to Algorithms

International Review of Intellectual Property and Competition Law (IIC-Max Planck Institute), June, 2018 (Forthcoming)

8 Pages Posted: 5 Jun 2018

See all articles by Fabiana Di Porto

Fabiana Di Porto

University of Salento ; Luiss Guido Carli University; Law Faculty, Hebrew University

Date Written: May 22, 2018

Abstract

2018 has been the year of awakening for the supporters of the free flow of data (i.e. the proposal for a Regulation on a framework for the free flow of non-personal data in the European Union of 13 September 2017). The Russiagate and Cambridge Analytica chronicles have shown the world how fragile and problematic privately managed data protection and data accumulation by a small set of big firms can be. In times of sudden change, some issues related to the interface between competition law and data protection, which were highly debated and seemed mainly settled in the doctrinal debate, have returned with urgency. The re-combination of personal and non-personal data acquired through the web by dominant digital firms is one of those issues. Re-combination implies that data belonging to an individual are collected to form one or several (behavioural) profiles, and, most importantly, these profiles are commercially exploited for selling ‘‘targeted’’ products or services and/or eventually resold to other companies. Thus, although it may create economies of scale and scope, re-combination also works as leverage for big data firms’ (especially platforms’) market power, by allowing its accumulation and further exploitation. I will deal with those shortcomings and suggest possible solutions.

Keywords: Big Data, Competition, Market Power, Profiling, Artificial Intelligence, Consumer Empowerment, Behavioural and Cognitive Sciences, Information Disclosure, Co-Regulation, Algorithms, Regulation, Antitrust, Competition Law

JEL Classification: K21, K42

Suggested Citation

Di Porto, Fabiana, In Praise of an Empowerment Disclosure Regulatory Approach to Algorithms (May 22, 2018). International Review of Intellectual Property and Competition Law (IIC-Max Planck Institute), June, 2018 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3183188

Fabiana Di Porto (Contact Author)

University of Salento ( email )

Via per Monteroni
Lecce, Lecce 73100
Italy

Luiss Guido Carli University

Viale Romania
Rome, Roma 00100
Italy

Law Faculty, Hebrew University ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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