“This paper proceeds from an analysis of the very particular type of vulnerability concomitant with our ‘leaking’ data on a daily basis, to show that data ownership is both unlikely and inadequate as an answer to the problems at stake. We also argue that the current construction of top-down regulatory constraints on contractual freedom is both necessary and insufficient. To address the particular type of vulnerability at stake, bottom-up empowerment structures are needed. The latter aim to ‘give a voice’ to data subjects whose choices when it comes to data governance are often reduced to binary, ill-informed consent. While the rights granted by instruments like the GDPR can be used as tools in a bid to shape possible data-reliant futures -such as better use of natural resources, medical care etc., their exercise is both demanding and unlikely to be as impactful when leveraged individually. We argue that the power that stems from aggregated data should be returned to individuals through the legal mechanism of Trusts.”
Bottom-Up Data Trusts: Disturbing the ‘One Size Fits All’ Approach to Data Governance by Sylvie Delacroix, University of Birmingham, Alan Turing Institute) and Neil Lawrence, University of Cambridge (October 2018)
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