Protecting Privacy in Big Data
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In an age of big data, privacy is more essential than ever before, but if we are to protect it effectively, while continuing to enjoy the benefits that big data is already making possible, we need to evolve better, faster, and more scalable mechanisms. The following are the four core elements critical to effective governance of big data. First, a transformation of the current approach to a risk management approach that places more responsibility for data stewardship, and liability for reasonably foreseeable harms, on the users of data rather than using notice and consent to shift the burden to individuals seems critical. This is because a continuing broad reliance on notice and choice at time of collection both under-protects privacy and seriously interferes with—and raises the cost of— subsequent beneficial uses of data. Second, data protection should focus more on uses of big data as opposed to the mere collection or retention of data or the purposes for which data were originally collected. One key reason why a more use-focused approach is necessary to capture the value of big data is that the analysis of big data doesn’t always start with a question or hypothesis, but rather may reveal insights that were never anticipated. As a result, data protection based on a notice specifying intended uses of data and consent for collection based on that notice can result in blocking socially valuable uses of data, lead to meaninglessly broad notices, or require exceptions to the terms under which the individual consented. If privacy protection is instead based on a risk analysis of a proposed use, then it is possible to achieve an optimum benefit from the use of the data and optimum protection for data fine-tuned for each intended use. Third, a risk management approach guided by a broad framework of cognizable harms identified through a transparent, inclusive process is critical to ensuring that individuals are protected and enhancing predictability, accountability, and efficiency. Fourth, a risk management approach that provides meaningful transparency and redress, together with effective enforcement, not only provide remedies for current harms, but also help to prevent future ones. Moreover, it is an essential requirement for responsible use of big data. There are likely many other measures that also will be useful, but these four are critical to protecting privacy while unlocking the potential of big data.
Abstract
In an age of big data, privacy is more essential than ever before, but if we are to protect it effectively, while continuing to enjoy the benefits that big data is already making possible, we need to evolve better, faster, and more scalable mechanisms. The following are the four core elements critical to effective governance of big data. First, a transformation of the current approach to a risk management approach that places more responsibility for data stewardship, and liability for reasonably foreseeable harms, on the users of data rather than using notice and consent to shift the burden to individuals seems critical. This is because a continuing broad reliance on notice and choice at time of collection both under-protects privacy and seriously interferes with—and raises the cost of— subsequent beneficial uses of data. Second, data protection should focus more on uses of big data as opposed to the mere collection or retention of data or the purposes for which data were originally collected. One key reason why a more use-focused approach is necessary to capture the value of big data is that the analysis of big data doesn’t always start with a question or hypothesis, but rather may reveal insights that were never anticipated. As a result, data protection based on a notice specifying intended uses of data and consent for collection based on that notice can result in blocking socially valuable uses of data, lead to meaninglessly broad notices, or require exceptions to the terms under which the individual consented. If privacy protection is instead based on a risk analysis of a proposed use, then it is possible to achieve an optimum benefit from the use of the data and optimum protection for data fine-tuned for each intended use. Third, a risk management approach guided by a broad framework of cognizable harms identified through a transparent, inclusive process is critical to ensuring that individuals are protected and enhancing predictability, accountability, and efficiency. Fourth, a risk management approach that provides meaningful transparency and redress, together with effective enforcement, not only provide remedies for current harms, but also help to prevent future ones. Moreover, it is an essential requirement for responsible use of big data. There are likely many other measures that also will be useful, but these four are critical to protecting privacy while unlocking the potential of big data.
참고문헌 (23)
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