Artificial intelligence and big data drive the technological evolution of new global business models. They also bring fundamental changes to a large number of social processes, both in companies and in government institutions. Prof. Klaus Heine discusses this in his article "Neue Formen der Data Governance" in the Handelsblatt Journal.
The new digital changes have different social effects: new business models have to be created, which form the future of work, education and socio-political cooperation. All these changes take place within the framework of established legislation and social standards. Within the current legal framework, artificial intelligence and big data are losing their power. Therefore, a framework must be created that uses the power of artificial intelligence. The smarter the law is designed, the better artificial intelligence can be deployed and the sooner it is socially accepted. The concrete issue that arises from this is the following: How can technological developments be embedded in the social values of democracy, openness and privacy? It requires a courageous leap to draft the legal design.
If artificial intelligence gets legal personality, it gives a legal right to share knowledge with others - without the owner's permission. In addition, the data can automatically be owned by an independent institution, similar to a central bank. This institution could only lend the data to companies, which in turn make business models. Prof. Klaus Heine: “Why would data belong to a company, individuals or the state? Why would an AI-based system not have a certain degree of legal autonomy to serve society? "
This discussion also opens the possibility to think about a new set-up of data use, for both confidential data and anonymised mass data. In such an institutional design, the independent institution could revoke the right to use the data as soon as abuse or distortion of competition occurs.
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About prof. Klaus Heine
Klaus Heine is Professor in Law and Economics and Economic Policy at Erasmus School of Law. He is also the Director of the Jean Monnet Centre of Excellence on Digital Governance. He specializes in European economic policy, law and economics, and digital governance. In 2012 he was awarded a Jean Monnet Chair of Economic Analysis of European Law. Since 2016 he is the Director of the Erasmus Graduate School of Law. In recent years he started focusing on the legal challenges of digitalisation for society and business. He is also a policy advisor for matters of digitalisation.
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You can read the article of the Handelsblatt Journal here (in German).
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