Research Handbook in Data Science and Law
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Research Handbook in Data Science and Law

Edited by Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee

The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
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Chapter 19: Conclusion

Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee

Abstract

At the outset of this book the question was put forth: do data-driven technologies require regulation, and vice versa, how does data science advance legal scholarship? While there is no resounding answer one way or the other to the first question, we can deduce from the analyses put forward by our authors that the rise of the so-called data economy does pose challenges to regulators. The challenges are diverse and the answers to the – many – questions put forward in the previous chapters will likely be manifold. We nevertheless perceive some common issues that regulators are likely to encounter in each of the areas of law that were examined. We summarize them in section 2 of this conclusion, and elaborate some thoughts on the direction in which future research on the regulatory aspects of data-driven technologies may be headed. The second part of the book considered the increasing use of data science in legal scholarship and legal practice. Here also, challenging questions for future research have been identified by our authors. While the replacement of lawyers and judges by robots may still be a science-fiction dream (or nightmare), the use of data analysis in law is changing the way in which we approach legal (research) questions. We summarize the tentative findings in this field in section 3 of this conclusion. We round off the book with a final question: with data science and law, are we witnessing the emergence of a new discipline?

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