Christoph Busch of the University of Osnabrück – European Legal Studies Institute has written Implementing Personalized Law: Personalized Disclosures in Consumer Law and Privacy Law, forthcoming in the University of Chicago Law Review. Here's the abstract:
This Article explores how the rise of Big Data and algorithm-based regulation could fundamentally change the design and structure of disclosure mandates in consumer law and privacy law. Impersonal information duties and standardized notices could be replaced by granular legal norms which provide personalized disclosures based on informational needs of an individual and personal preferences.
The Article makes several contributions to the emerging debate about personalized law. First, it shows how information technology can be implemented for tailoring disclosures in consumer law and privacy law in order to take into account actor heterogeneity. Second, it argues that personalized disclosures should be conceived as a learning system based on feedback mechanisms in order to continuously improve the relevance of the information provided. Third, the article explores the ramifications of personalization for compliance monitoring and enforcement. Finally, the Article claims that with the advent of the Internet of Things, the wave of the future, at least in data privacy law, could be a mix of personalized defaults implemented through virtual personal assistants and only occasional active choices.