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2019 Colum. Bus. L. Rev. 494 (2019)
A Right to Reasonable Inferences: Re-Thinking Data Protection Law in the Age of Big Data and AI

handle is hein.journals/colb2019 and id is 506 raw text is: A RIGHT TO REASONABLE INFERENCES: RE-THINKING DATA PROTECTION LAW IN THE AGE OF BIG DATA AND Al Sandra Wachter* & Brent Mittelstadt** Big Data analytics and artificial intelligence (A[) draw non-intuitive and unverifiable inferences and predictions about the behaviors, preferences, and private lives of individuals. These inferences draw on highly diverse and feature-rich data of unpredictable value, and create new opportunities for discriminatory, biased, and invasive decision-making. Data protection law is meant to protect people's privacy, identity, reputation, and autonomy, but is currently failing to protect data subjects from the novel risks of inferential analytics. The legal status of inferences is heavily disputed in legal scholarship, and marked by inconsistencies and contradictions within and between the views of the Article 29 Working Party and the European Court of Justice (ECJ). This Article shows that individuals are granted little control or oversight over how their personal data is used to draw inferences about them. Compared to other types of personal data, inferences are effectively economy class personal data in the General Data Protection Regulation (GDPR). Data subjects' rights to know about (Articles 13-15), * Corresponding author. E-mail: sandra.wachter@oii.ox.ac.uk. Oxford Internet Institute, University of Oxford, 1 St. Giles, Oxford, OXI 3JS, UK; the Alan Turing Institute, British Library, 96 Euston Road, London, NW1 2DB, UK. ** Oxford Internet Institute, University of Oxford, 1 St. Giles, Oxford, OX1 3JS, UK; the Alan Turing Institute, British Library, 96 Euston Road, London, NW1 2DB, UK. The authors would like to thank Prof. Viktor Mayer-Sch6nberger and Dr. Christopher Russell for their incredibly detailed and thoughtful feedback that has immensely improved the quality of this work. The authors would also like to thank Dr. Alessandro Spina, Prof. Manfred Stelzer, Prof. Lee Bygrave, and Dr. Patrick Allo for their insightful and considerate comments from which this Article greatly benefitted.

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