The Legal and Regulatory Framework for the Analysis of Big Data

• Activity Number: 428
• Type: Invited
• Date/Time: Wednesday, August 6, 2014 : 8:30 AM to 10:20 AM
• Sponsor: Committee on Professional Ethics
• Author(s): Paul Ohm*+
• Companies: University of Colorado Law School
• Keywords: privacy ; big data ; law ; regulation ; policy

Abstract

How do information privacy laws regulate the use of Big Data techniques, if at all? Do these laws strike an appropriate balance between allowing the benefits of Big Data and protecting individual privacy? If not, how might we amend or extend laws to better strike this balance?

This article argues that our current information privacy laws are failing to protect individuals from harm. Some of the specific shortcomings mentioned in this article relate only tangentially with the specific features of Big Data, while others result directly from these features, and this article places more emphasis on the latter. All of these shortcomings expose some individuals to the risk of harm in some circumstances. We need to think of ways to amend the laws to recalibrate the balance between analytics and risk of harm. Ultimately, the article proposes five general approaches for change.