=Paper=
{{Paper
|id=Vol-2051/invited1
|storemode=property
|title=None
|pdfUrl=https://ceur-ws.org/Vol-2051/invited1.pdf
|volume=Vol-2051
}}
==None==
<pdf width="1500px">https://ceur-ws.org/Vol-2051/invited1.pdf</pdf>
<pre>
Accountability by Dialogue: A New Approach to
                Data Protection

                                Joris Hulstijn

               Tilburg School of Economics and Management
                        Department of Management



   Abstract. Current legal frameworks for data protection have a number
   of flaws. The notion of informed consent does not work in practice. Leg-
   islation only covers personal data, but it doesnt cover data about groups
   and it doesn’t cover conditions on usage of data for certain purposes.
   Supervision is largely based on self-regulation. Regulatory agencies have
   little capacity. On the other hand, we observe that many business models
   are based on data about users. Users pay with their data. Access to data
   should therefore be seen as a counteroffer in a contract. In this paper
   we will therefore suggest a different approach to data protection, based
   on the idea of accountability. In this short paper, we propose a dialogue
   framework to facilitate such accountability, in the application domain
   of data protection. The idea is to empower users to negotiate better
   terms and conditions in their contracts, monitor compliance, and chal-
   lenge the organization in case of breaches of contract. That means that
   in addition to the current legal framework for data protection, which is
   generally based on public law, we suggest to make more use of private law
   as the legal framework of preference. To enable accountability over data
   protection, we foresee two kinds of functionality. Tools that may help
   users negotiate sensible contracts that take data protection aspects into
   account. An infrastructure that monitors actual usage of data, detects
   possible breaches of contract and allows users to challenge the organi-
   zation. In addition, we discuss the necessary elements of a governance
   structure to enable effective enforcement.

</pre>