Introduction to Data and Private Law

Concerns about both public and private uses of personal data are well established. Repeated scandals and the rapid development of technology and business models reliant on intensive data processing have thrust data protection and privacy issues to the fore. The regulation of data (mis)use is, therefore, of paramount importance in mitigating the risks of harm to individuals and communities linked to the emergence of the digital economy and artificial intelligence. In recent years, law and policy debates have largely focused on how data protection/privacy legislation can and should be adopted or updated to respond. However, far less has been written about the application of private law doctrines to transactions and interactions concerning data, and demands for data protection.

The increasingly diverse patchwork of regulatory responses clearly requires a transversal analysis, and an important part of this analysis must include recognition of the role played by private law. This work contributes to encouraging such a debate. The contributors to this volume provide different views on the role of and potential for private law in responding to the potential benefits and risks of harm arising from the collection and use of data. But the overall contribution is to show that private law is at the least worthy of serious consideration, and may even make a significant contribution, in understanding how the law responds to data protection and the need for reform in this field.