Privacy as Vulnerability Protection: Optimizing Trade-Offs with Opportunities to Gain Knowledge

Björn Fasterling

A chapter in The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring, 2022, vol. 30, pp 29-58 from Emerald Group Publishing Limited

Abstract: The context of this chapter is the use of data and advanced data analytics in a commercial setting. Privacy is considered as protection from vulnerability, whereby vulnerability is understood as the state of being exposed to the possibility of being harmed, either physically or emotionally, or in fundamental rights other than privacy. Therefore, privacy's policy instruments, in particular data protection law, could be seen as a means to reduce the risk of harm resulting from data use. Such harm is probabilistic and often uncertain, which, however, does not exclude analyzing costs and benefits of regulatory data protection policies. When balancing privacy protections and opportunities for knowledge gain, regulatory policy could be viewed as superior, when it expands the range of possible trade-offs between vulnerability protection and gaining socially beneficial knowledge.

Keywords: Privacy; data protection; risk; uncertainty; advanced analytics; vulnerability protection; K38; K24 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:eme:rlwezz:s0193-589520220000030004

DOI: 10.1108/S0193-589520220000030004

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