The dark industry of data brokers: need for regulation?

Abstract

Abstract Measuring the impact of harm when the perpetrator is a faceless company operating in the shadows is akin to walking in the dark. You never know what’s awaiting you next! The data brokering industry is one such instance, possessing against you, arguably the strongest weapon today—a secret digital twin or a digital doppelganger of your attributes. In the ever-growing digital economy, is there a need to regulate this industry? This article identifies the lacuna in the law that permits its operation and argues for fixing the loopholes in order to regulate the data brokering industry. Furthermore, it sheds light on India’s missed opportunity to regulate the industry given the inchoate nature of data protection laws in the country. Finally, it raises ethical concerns and argues for a distinction between reasonable and unreasonable inferences building on Prof. Sandra Wachter’s concept of an ex ante right to reasonable inference.