Legal issues in data science

Code 381NN
Credits 6

Learning outcomes

The digital economy and the digital society harness the power of big data, computational capacity, innovation and interconnection. Every human activity is mediated by information technologies. Today’s technologies enable unprecedented exploitation of information, being it small or big data, for any thinkable purpose, but mostly in business and surveillance with the ensuing legal and ethical anxieties and constraints.
Algorithms are regularly used for mining data, offering unexplored patterns and deep non-causal analyses to those businesses able to exploit these advances. Yet, these innovations need to be properly framed in the existing legal background, fit in the existing set of guarantees of fundamental rights and freedoms, coherently policy related to reap the richness of big and open data and administration while empowering equally all players. For these aims data protection plays a significant role
The course aims at enabling students to work on algorithms and data mining techniques in ways that are compliant to the applicable legal framework and aware of the interplay between techniques and normative rules.
SYLLABUS:
- The Algorithmic Society: the Classifying Society – Background and Overview, Surveillance Society – Big Other, Networks of Control, Predicting Behavior, People Analytics, Behavioural “Nudging”, New Emerging Human Rights in the age of Behavioral Data Science and Neurotechnologies: Towards "Mental Privacy" and "Decision Integrity", Legal and ethical implication of computational capacity.
- Building Legally-Compliant Algorithms: Legal Pitfalls of Algorithms, The Problems of Personalization, Data Handling & Sharing, Deploying Algorithms for Human Rights—Complications & Challenges, Classification of Algorithms in the Information Society: Legal Implications and Business Applications, Exploitation of Public Sector Data, Competition Law in the Age of Algorithms, Transparency, accountability and traceability of algorithm based decision-making, Accountability in the Machine Learning Context, Technical and Legal Options to Enhance Transparency & Accountability, Legal Liability for Algorithm Autocomplete (ISP Liability), Open Data Governance, Data Ethics.
- General principles of privacy law: The American approach, The European approach.
- The General Data Protection Regulation: Notions and principles, GDPR global reach and compliance, Google Spain Decision, Invalidation of Data Retention Directive (US Safe Harbour Decision)/Schrems.
- Privacy in operation: Privacy-by-Design, GDPR Solutions: The Right to an Explanation, etc. Notions of Privacy in the Algorithmic Age, Privacy from the Government, Surveillance Capitalism, Governance by Proxy, Privacy from Private Entities, Privacy from Platforms, Privacy from Employers, Privacy from our Devices (IoT).
- Comparative Perspectives & Crossborder Issues: Comparative Privacy and security Regimes: GDPR vs. USA, Comparative Privacy and security Regimes: GDPR vs. China.