This panel will focus on the concept of fairness as a vehicle for governing data processing. It will examine how data protection law and consumer protection law utilize the notion of fairness, and explore what each can learn from the other. It will then look at how regulators, businesses and data scientists are, each in their own way, using notions of fairness to govern big data analytics and AI, and ask whether this is a helpful approach. The search is on for regulatory solutions to the risks of emerging technologies. Can the concept of fairness contribute to this quest?
• How can commitments to fairness in the GDPR and other data protection laws be used to ensure more responsible approaches to data processing and data science?
• How can a discussion of fairness from the perspective of consumer law help to inform the interpretation of fairness under GDPR, and the other way round?
• Is it possible and/or desirable to concretize the concept of ‘fairness,’ or is fairness better left defined at an abstract level?
• Provided it is possible and desirable to concretize fairness, what would be next steps that needed to happen to formalize fairness in data science and technical design?