AN ANALYSIS OF TECHNO-LEGAL APPROACHES TO DISCRIMINATION IN DATA-DRIVEN MARKETING
Big data has been the hype of both public and private sectors for the past few years, and many businesses have urging others to adopt the technology in their operations. One of the areas that big data analytics proved much utility is the field of corporate communication—online targeted marketing, in particular. Despite the fast-growing adoption of the technology, there have not been any concrete legislative or technological measures that address potential problems that could rise from using big data analytics. It has been shown that data-driven online marketing could lead to discriminatory outcomes, yet there has not been any assessment on how such outcomes could be addressed legally or technologically. This paper examines four different approaches—two legal (Europe and the U.S.) and two technological (detection and prevention algorithms)—that could address potential discriminatory data profiling. The legal and cultural background of the U.S. could keep policymakers from implementing a law with too much oversight, and the algorithms alone are not enough to protect the privacy of personal data. A more techno-legal approach might be an adequate way to address data-related issues in the U.S., with some revisions or updates to the current regulations.
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