Data-Driven Personalisation in Markets, Politics and Law

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Data-Driven Personalisation in Markets, Politics and Law

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The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.

Part I. Introduction: Theoretical Perspectives

1. The Pixelated Person – Humanity in the Grip of Algorithmic Personalisation

Uta Kohl

2. Personalisation and Digital Modernity: Deconstructing the Myths of the Subjunctive World

Kieron O'Hara

3. Personalisation, Power and the Datafied Subject

Marc Welsh

4. Personal Data and Collective Value: Data-Driven Personalisation as Network Effect

Nick O'Donovan

Part II. Themes: Personal Autonomy, Market Choices and the Presumption of Innocence

5. Hidden Personal Insights and Entangled in the Algorithmic Model – the Limits of the GDPR in the Personalisation Context

Michèle Finck

6. Personalisation, Markets, and Contract: The Limits of Legal Incrementalism

T.T. Arvind

7. 'All Data is Credit Data' – Personalised Consumer Credit Score and Anti-Discrimination Law

Noelia Collado-Rogriguez and Uta Kohl

8. Sentencing Dangerous Offenders in the Era of Predictive Technologies: New Skin, Same Old Snake?

David Gurnham

Part III. Applications: From Personalised Medicine and Pricing to Political Micro-Targeting

9. 'P4 Medicine' and the Purview of Health Law: The Patient or the Public?

Keith Syrett

10. Personalised Pricing: The Demise of the Fixed Price?

Joost Poort and Frederik Zuiderveen Borgesius

11. Data-Driven Algorithms in Criminal Justice: Predictions as Self-Fulfilling Prophecies

Pamela Ugwudike

12. From Global Village to Smart City: Reputation, Recognition, Personalisation, and Ubiquity

Daithí Mac Sithigh

13. Micro-Targeting in Political Campaigns: Political Promise and Democratic Risk

Normann Witzleb and Moira Paterson

Part IV. The Future of Personalisation: Algorithmic Foretelling and Its Limits

14. Regulating Algorithmic Assemblages: Looking Beyond Corporatist AI Ethics

Andrew Charlesworth

15. Scepticism about Big Data's Predictive Power about Human Behaviour: Making a Case for Theory and Simplicity

Konstantinos Katsikopoulos

16. Building Personalisation: Language and the Law

Alun Gibbs

17. Conclusion: Balancing Data-Driven Personalisation and Law as Social Systems

Jacob Eisler

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