McMahon, Aisling, Buyx, Alena and Prainsack, Barbara (2019) Big Data Governance needs more collective responsibility: The role of harm mitigation in the governance of data use in medicine and beyond. Medical Law Review. pp. 1-28. ISSN 0967-0742
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Abstract
Harms arising from digital data use in the big data context are often systemic and cannot
always be captured by linear cause and effect. Individual data subjects and third parties
can bear the main downstream costs arising from increasingly complex forms of data
uses—without being able to trace the exact data flows. Because current regulatory
frameworks do not adequately address this situation, we propose a move towards harm
mitigation tools to complement existing legal remedies. In this article, we make a
normative and practical case for why individuals should be offered support in such
contexts and how harm mitigation tools can achieve this. We put forward the idea of
‘Harm Mitigation Bodies’ (HMBs), which people could turn to when they feel they
were harmed by data use but do not qualify for legal remedies, or where existing legal
remedies do not address their specific circumstances. HMBs would help to obtain a
better understanding of the nature, severity, and frequency of harms occurring from
both lawful and unlawful data use, and they could also provide financial support in some
cases. We set out the role and form of these HMBs for the first time in this article.
Item Type: | Article |
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Keywords: | Big Data; Biomedical data; Collective responsibility and oversight; Data governance; GDPR; Harm mitigation; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 11637 |
Identification Number: | 10.1093/medlaw/fwz016 |
Depositing User: | Aisling McMahon |
Date Deposited: | 05 Nov 2019 16:39 |
Journal or Publication Title: | Medical Law Review |
Publisher: | Oxford University Press |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/11637 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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