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Bottom-up Data Trusts: Disturbing the 'One Size Fits All' Approach to Data Governance
International Data Privacy Law, Oxford Academic 9(4):236-252, 2019.
Abstract
From the friends we make to the foods we like, via our shopping and
sleeping habits, most aspects of our quotidian lives can now be
turned into machine-readable data points. For those able to turn
these data points into models predicting what we will do next, this
data can be a source of wealth. For those keen to replace biased,
fickle human decisions, this data—sometimes misleadingly—offers the
promise of automated, increased accuracy. For those intent on
modifying our behaviour, this data can help build a puppeteer's
strings. As we move from one way of framing data governance
challenges to another, salient answers change accordingly. Just like
the wealth redistribution way of framing those challenges tends to
be met with a property-based, 'it's *our* data' answer, when one
frames the problem in terms of manipulation potential,
dignity-based, human rights answers rightly prevail (via fairness
and transparency-based answers to contestability concerns). Positive
data-sharing aspirations tend to be raised within altogether
different conversations from those aimed at addressing the above
concerns. Our data Trusts proposal challenges these boundaries.