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Full-Text Articles in Law

Slaves To Big Data. Or Are We?, Mireille Hildebrandt Oct 2013

Slaves To Big Data. Or Are We?, Mireille Hildebrandt

Mireille Hildebrandt

In this contribution the notion of Big Data is discussed in relation to the monetisation of personal data. The claim of some proponents as well as adversaries, that Big Data implies that ‘n = all’, meaning that we no longer need to rely on samples because we have all the data, is scrutinized and found both overly optimistic and unnecessarily pessimistic. A set of epistemological and ethical issues is presented, focusing on the implications of Big Data for our perception, cognition, fairness, privacy and due process. The article then looks into the idea of user centric personal data management, to …


The Rule Of Law In Cyberspace, Mireille Hildebrandt Jun 2013

The Rule Of Law In Cyberspace, Mireille Hildebrandt

Mireille Hildebrandt

This is a translation of my inaugural lecture at Radboud University Nijmegen. The Dutch version has been published as a booklet, the English version in available on my bepress site.


Balance Or Trade-Off? Online Security Technologies And Fundamental Rights, Mireille Hildebrandt May 2013

Balance Or Trade-Off? Online Security Technologies And Fundamental Rights, Mireille Hildebrandt

Mireille Hildebrandt

In this contribution I argue that the image of the balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought I will explore the relationship between online security technologies and fundamental rights, notably privacy, non-discrimination, freedom of speech and due process. After discriminating between three types of online security technologies I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of …


Legal Protection By Design In The Smart Grid, Mireille Hildebrandt Feb 2013

Legal Protection By Design In The Smart Grid, Mireille Hildebrandt

Mireille Hildebrandt

This report was commissioned by the Smart Energy Collective (SEC), a consortium of 26 companies from different parts of the industry: network distributors, energy suppliers, ICT companies etc. The objective of the report is to provide a reflection on the design implications of data protection issues for the construction of Smart Grids. Special attention is given to the profiling of energy consumers, based on energy usage data.


Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner Jan 2013

Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner

Mireille Hildebrandt

This Chapter provides an introduction to and overview of the 2013 Yearbook of the Digital Enlightenment Forum, on the subject of the value of personal data. It discusses why we should care about the current monetization of our personal data and raises the issue of whether and, if so, how user-centric personal data ecosystems help to rebalance power asymmetries between individual citizens and large Personal Data Processing Systems.


Data Protection By Design And Technology Neutral Law, Mireille Hildebrandt, Laura Tielemans Jan 2013

Data Protection By Design And Technology Neutral Law, Mireille Hildebrandt, Laura Tielemans

Mireille Hildebrandt

This article argues that to achieve a technology neutral law, technology specific law is sometimes required. To explain this we discriminate between three objectives, often implied in the literature on technological neutrality of law. The first we call the compensation objective, which refers to the need to have technology specific law in place whenever specific technological designs threated the substance of human rights. The second we call the innovation objective, referring to the need to prevent legal rules from privileging or discriminating specific technological designs in ways that would stifle innovation. The third we call the sustainability objective, which refers …


Profile Transparency By Design? Re-Enabling Double Contingency, Mireille Hildebrandt Jan 2013

Profile Transparency By Design? Re-Enabling Double Contingency, Mireille Hildebrandt

Mireille Hildebrandt

No abstract provided.