We may address big data from the perspective of legal systems disrupted by quantitative and qualitative data analysis processes.
We will focus on one side on (i) the impact that BD technology and processes are having on consolidated legal institutes of reference such as limitation of liability and administrative proportionality and, on the other side, on (ii) the creation of new platforms of value (whereby the quantitative/qualitative analysis produces value acknowledgeable in a monetization of single units of data and of the correlation between such units).
In terms of limitation of liability, some of the current applied paradigms appears to be very limited. The alleged conduit limitation of liability ( you are not liable if …) is still currently applied to juridical relations entirely not structured as conduits (search engines is one example) supported by jurisprudence founded on a mere quantitative basis (it is such a large number that it would be impossible to ask for a control).
In terms of proportionality, whereby the balance or rights in a private/private, public/public and private/public relation shift wildly ( the right to be forgotten and the quasi constitutional delegation of cancellation of the disliked information to the search engine).
In terms of value and currency , as the classification and processing of new data units, as well as their correlation, represent a single element of value, creating a new, undisclosed currency, tradable, borderless.
0 Comments