TY  - GEN
N2  - 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.
AB  - 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.
T1  - A Right to Reasonable Inferences :Re-Thinking Data Protection Law in the Age of Big Data and AI
AU  - Wachter, Sandra
AU  - Mittelstadt, Brent
LA  - eng
ID  - 42028
KW  - Artificial Intelligence
KW  - Automated Decision-Making
KW  - Big Data
KW  - Copyright
KW  - Data Protection
KW  - Data Analytics
TI  - A Right to Reasonable Inferences :Re-Thinking Data Protection Law in the Age of Big Data and AI
LK  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3248829
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3248829
ER  -