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Series

Boston University School of Law

2020

Data protection

Articles 1 - 3 of 3

Full-Text Articles in Law

Privacy's Constitutional Moment And The Limits Of Data Protection, Woodrow Hartzog, Neil M. Richards May 2020

Privacy's Constitutional Moment And The Limits Of Data Protection, Woodrow Hartzog, Neil M. Richards

Faculty Scholarship

America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy law. But now both California and the European Union have forced Congress’s hand by passing the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These data protection frameworks, structured around principles for Fair Information Processing called the “FIPs,” have industry and privacy advocates alike clamoring for a “U.S. GDPR.” States seemed poised to blanket the country with FIP-based laws if Congress fails to act. The United States is thus in the midst …


Gdpr And The Importance Of Data To Ai Startups, James Bessen, Stephen Michael Impink, Lydia Reichensperger, Robert Seamans Apr 2020

Gdpr And The Importance Of Data To Ai Startups, James Bessen, Stephen Michael Impink, Lydia Reichensperger, Robert Seamans

Faculty Scholarship

What is the impact of the European Union’s General Data Protection Regime (“GDPR”) and data regulation on AI startups? How important is data to AI product development? We study these questions using unique survey data of commercial AI startups. AI startups rely on data for their product development. Given the scale and scope of their business models, these startups are particularly susceptible to policy changes impacting data collection, storage and use. We find that training data and frequent model refreshes are particularly important for AI startups that rely on neural nets and ensemble learning algorithms. We also find that firms …


A Relational Turn For Data Protection?, Neil Richards, Woodrow Hartzog Jan 2020

A Relational Turn For Data Protection?, Neil Richards, Woodrow Hartzog

Faculty Scholarship

If there’s one thing everyone in the data protection debate can agree on, it’s that it’s all about the data. All over the world, data protection regimes fixate on when data can be collected, how it is being processed, when it can be accessed or should be deleted, and whether it is personal, sensitive, or deidentified. This is true even for approaches that seem quite different at first glance, such as the U.S. and EU.