@article{42028, author = {Wachter, Sandra and Mittelstadt, Brent}, url = {http://tind.wipo.int/record/42028}, title = {A Right to Reasonable Inferences : Re-Thinking Data Protection Law in the Age of Big Data and AI}, abstract = {This Article argues that a new data protection right, the ‘right to reasonable inferences’, is needed to help close the accountability gap currently posed by ‘high risk inferences’ , meaning inferences drawn from Big Data analytics that damage privacy or reputation, or have low verifiability in the sense of being predictive or opinion-based while being used in important decisions. This right would require ex-ante justification to be given by the data controller to establish whether an inference is reasonable. This disclosure would address (1) why certain data form a normatively acceptable basis from which to draw inferences; (2) why these inferences are relevant and normatively acceptable for the chosen processing purpose or type of automated decision; and (3) whether the data and methods used to draw the inferences are accurate and statistically reliable. The ex-ante justification is bolstered by an additional ex-post mechanism enabling unreasonable inferences to be challenged.}, recid = {42028}, pages = {130 pages}, }