Are collective data rights really necessary? Or, do people and communities already have sufficient rights to address harms through equality, public administration or consumer law? Might collective data rights even be harmful by undermining individual data rights or creating unjust collectivities? If we did have collective data rights, what should they look like? And how could they be introduced into legislation?
Data protection law and policy are founded on the notion of individual notice and consent, originating from the handling of personal data gathered for medical and scientific research. However, recent work on data governance has highlighted shortcomings with the notice-and-consent approach, especially in an age of big data and artificial intelligence. This special reports considers the need for collective data rights by examining legal remedies currently available in the United Kingdom in three scenarios where the people affected by algorithmic decision making are not data subjects and therefore do not have individual data protection rights.
