Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.
Mireille Hildebrandt works on the edge of law, philosophy and technology. Coming from cultural anthropology she decided to study law to figure out how the formal structures of societies operate. After defending a PhD in legal philosophy she has been exploring the legal, ethical and political implications of smart infrastructures, data analytics and proactive computing. This is a very exciting domain of knowledge, changing our understanding of self, mind and society at high speed. She believes that lawyers should anticipate the potential impact of profiling practices on human rights and on the checks and balances of constitutional democracy. Moreover, she advocates 'legal protection by design', involving democratic participation in the design of the smart architectures that increasingly determines our life world.