Exploring Legal Mechanisms for Data Stewardship

The Ada Lovelace Institute, The AI Council, The Data Trusts Initiative
, 2021.

Abstract

Organisations, governments and citizen-driven initiatives around the world aspire to use data to tackle major societal and economic problems, such as combating the COVID-19 pandemic. Realising the potential of data for social good is not an easy task, and from the outset efforts must be made to develop methods for the responsible management of data on behalf of individuals and groups. Widespread misuse of personal data, exemplified by repeated high-profile data breaches and sharing scandals, has resulted in ‘tenuous’ public trust in public and private-sector data sharing. Concentration of power and market dominance, based on extractive data practices from a few technological players, both entrench public concern about data use and impede data sharing and access in the public interest. The lack of transparency and scrutiny around public-private partnerships add additional layers of concerns when it comes to how data is used.

Part of these concerns comes from the fact that what individuals might consider to be ‘good’ is different to how those who process data may define it, especially if individuals have no say in that definition.