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Information Privacy Regulations in The Era of Big Data
Information Privacy,Privacy by Design,Big Data,Notice and Choice,Information Trust,GDPR,
|Publication Year :||2020|
Based upon the traditional concept of privacy which derived from the theory of democracy, autonomy and self-determination, data privacy laws in most of modern countries emphasize on the establishment of a comprehensive notice-and-choice mechanism, which ordinarily include the ruling of means of notices, content of notices, meaningful ways of choices and agreements, the scope of agreements and so forth. However, as the speedy development in internet technologies, not only does people’s daily life heavily rely upon information technology, but also people in the modern age are more and more often forced to carry out their life tasks in electronic ways because of industrial trend or governmental policies of digitalization. In such circumstances, can people really discretionally “choose” to or not to disclose their personal information? Moreover, as quick development in big data and artificial intelligence (AI) technology, the ways of information application are sophistically adopted by AI algorithm which may learn and improve by itself. Accompanied by the complicated inter-industry data sharing scheme, data subjects usually are not capable of comprehending the actual utilization after and risk of information disclosure, even if they are noticed with lengthy information privacy policies by the data collectors. Furthermore, under the protection of trade secret laws, ordinary people don’t have the access to the big data analysis algorithms and application techniques adopted by data controllers, thus people cannot monitor the actual processing of their information. Consequently, many scholars predict that the future of data privacy will eventually either become no privacy at all, on the cause that people will gradually be used to reveal their personal information without trying to evaluate the risks, which provides the AI with the opportunities of easily analyzing big data to identify any person; or hinder AI and big data technology from further development, on the cause that when people lose trust on data collectors and begin to suspect that their interests may be harmed, people will cease providing their personal data, which will curtail free flow of data and AI technology won’t be able to rely upon precise raw data in developing useful functions for the benefit of our society in the future.
Whether the purposes of traditional privacy regulations are identical to that of information privacy? Whether our society would be more beneficial by focusing on blind protection of personal data or by facilitating free data transmissions? Whether soft regulations would be a more appropriate resolution for issues of information privacy than hard, rigid regulations? Through the analysis of nature of information disclosure, accompanied by practical real life cases, experience in the era of big data application and the relations between information disclosers and receivers, this thesis suggests that data collectors shall act as the role of information trust, and information privacy regulations shall be re-designed from the perspective of information trust which may be practically implemented by privacy-by-design concept in order to achieve both goals of privacy protection and stimulating development of big data and AI technologies. Consequently, our society may well take advantage of big data and AI technologies in improving general welfare of humanity.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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