Limitations to Text and Data Mining and Consumer Empowerment. Making the Case for a Right to “Machine Legibility”

Rossana Ducato and Alain StrowelThe use of artificial intelligence (AI) tools raises possible issues of bias, discrimination and transparency that need to be investigated by (legal) researchers. But AI tools can also support the implementation of legal principles and rules. This is the case with smart disclosure systems (SDSs). The latter refers “to the timely release of complex information and data in standardized, machine readable formats in ways that enable consumers to make informed decisions”. Smart disclosure systems allow users to have easy and timely access to the relevant pre-contractual information or even receive personalised advice based on their preferences. Over recent years, new providers have proposed services to automatically analyse websites’ contractual documents and check their compliance with the applicable consumer and data protection framework (www.usableprivacy.org; https://pribot.org/polisis; https://claudette.eui.eu;…

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