Introduction: Data, Data, and More Data: What Is the Law Going to Do about It?

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Abstract

The collection of data from various actors has seen a significant surge in recent years,1 primarily driven by its application in algorithmic decision-making2 and enhancing the effectiveness of different sectors.3 Programs that focus on collecting and analyzing large datasets have flourished,4 leading to the establishment of extensive databases.5 This development falls within the broader framework of information technology evolution, which is transforming data flows.6 As a result, both public and private organizations are adapting their operations to leverage large-scale data applications. This adaptation necessitates various adjustments in their functioning.7 Data is often perceived as neutral and objective, devoid of political ideology, and provides essential evidence for policy and practice,8 especially concerning consumer data.9 Additionally, data has emerged as a valuable commodity with significant monetary value in the economy.10 The disclosure of data comes with both advantages and disadvantages,11 akin to handling a resource as crucial as oil,12 emphasizing the need for careful management to protect privacy and avoid jeopardizing it.13 Companies like Facebook collect and retain vast amounts of customer data, which they sell to other businesses.14 However, users are generally unaware of how their data is collected and utilized, and current laws do not effectively regulate this relationship.15 This led to a growing debate: some advocate for individuals to own their data and have the right to decide its use,16 while others support the concept of open data,17 where specific principles govern data usage.18 Supporters of both perspectives have their reasons,19 especially in light of enforcement actions against companies like Google and Facebook for data breaches.20 These issues bring to the forefront the critical questions of the actual worth of privacy in society21 and whether individuals should have control over their data as a standard practice.22 Ultimately, these discussions highlight the need for a balanced approach that considers the benefits of data usage in improving services and driving innovation, while also safeguarding individuals privacy and ensuring transparent and fair data management practices.
Original languageEnglish
Pages (from-to)137-147
Number of pages11
JournalGlobal Journal of Comparative Law
Volume13
Issue number2
Early online date7 Aug 2024
DOIs
Publication statusPublished - 2024

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