The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.
Corporations and governments use data-based algorithms to predict and control human behavior. This transforms everyday life - from online shopping and granting mortgages to the length of criminal sentences and personalised medicine. This book reviews and critiques this new socio-technological development and law as its prime facilitator.
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'Exploring the societal sea changes that emerge from the unleashed power of data-driven personalization, Uta Kohl and Jacob Eisler are gifting us a book that is the intellectual equivalent of a beautiful flower bouquet: a diverse and colorful, yet carefully chosen and elegantly arranged set of contributions from scholars representing different disciplines, perspectives, and temperaments, making it an insightful collection that is more than the sum of its individual parts.' Urs Gasser, Executive Director, Berkman Klein Center for Internet & Society and Professor of Practice, Harvard Law School 'With vision and panache, Kohl and Eisler, and their contributing authors, identify the hidden perils of the 'personalisation' phenomenon and boldly ask whether its apparent benefits of a 'close personal fit' and efficiency can ever outweigh the damage done to individual agency and communal solidarity, or to our aspirations of equality. Invaluable insights for the policy and legal debates on the use of predictive algorithms in politics, markets and law, which are upon us.' Paul De Hert, Vrije Universiteit Brussels, Tilburg University
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This book critiques the use of algorithms to pre-empt personal choices in its profound effect on markets, democracy and the rule of law.
Part I. Introduction: Theoretical Perspectives;
1. The Pixelated Person
Humanity in the Grip of Algorithmic Personalisation Uta Kohl;
2.
Personalisation and Digital Modernity: Deconstructing the Myths of the
Subjunctive World Kieron O'Hara;
3. Personalisation, Power and the Datafied
Subject Marc Welsh;
4. Personal Data and Collective Value: Data-Driven
Personalisation as Network Effect Nick O'Donovan; Part II. Themes: Personal
Autonomy, Market Choices and the Presumption of Innocence;
5. Hidden Personal
Insights and Entangled in the Algorithmic Model the Limits of the GDPR in
the Personalisation Context Michèle Finck;
6. Personalisation, Markets, and
Contract: The Limits of Legal Incrementalism T.T. Arvind;
7. 'All Data is
Credit Data' Personalised Consumer Credit Score and Anti-Discrimination Law
Noelia Collado-Rogriguez and Uta Kohl;
8. Sentencing Dangerous Offenders in
the Era of Predictive Technologies: New Skin, Same Old Snake? David Gurnham;
Part III. Applications: From Personalised Medicine and Pricing to Political
Micro-Targeting;
9. 'P4 Medicine' and the Purview of Health Law: The Patient
or the Public? Keith Syrett;
10. Personalised Pricing: The Demise of the
Fixed Price? Joost Poort and Frederik Zuiderveen Borgesius;
11. Data-Driven
Algorithms in Criminal Justice: Predictions as Self-Fulfilling Prophecies
Pamela Ugwudike;
12. From Global Village to Smart City: Reputation,
Recognition, Personalisation, and Ubiquity Daithí Mac Sithigh;
13.
Micro-Targeting in Political Campaigns: Political Promise and Democratic Risk
Normann Witzleb and Moira Paterson; Part IV. The Future of Personalisation:
Algorithmic Foretelling and Its Limits;
14. Regulating Algorithmic
Assemblages: Looking Beyond Corporatist AI Ethics Andrew Charlesworth;
15.
Scepticism about Big Data's Predictive Power about Human Behaviour: Making a
Case for Theory and Simplicity Konstantinos Katsikopoulos;
16. Building
Personalisation: Language and the Law Alun Gibbs;
17. Conclusion: Balancing
Data-Driven Personalisation and Law as Social Systems Jacob Eisler.
Uta Kohl is Professor of Commercial Law at Southampton Law School. Her previous work on IT law issues includes Jurisdiction and the Internet (Cambridge, 2007) and The Net and the Nation State (Cambridge, 2016). She acted as the Human Rights Trustee on the board of the Internet Watch Foundation (20142020) and is currently exploring the legal treatment of memories, funded by a Leverhulme grant on the Privacy of the Dead. Jacob Eisler is Associate Professor at Southampton Law School where he focuses on democratic theory, election law, and corruption. Prior to joining Southampton Law School, he was the Yates-Glazebrook Fellow in Law at Jesus College, University of Cambridge. and clerked for the Honorable Gerard E. Lynch, Federal Second Circuit Court of Appeals.
