What if data protection embraced foresight and speculative design?

Due to rapid technological advancements and the growing “datafication” of our societies, individuals’ privacy constitutes an increasingly explored speculative space for regulators, researchers, practitioners, designers and artists. This article reports two experiences at a national and an international data protection authority (i.e., the Commission Nationale de l'Informatique et des Libertés - CNIL - and the European Data Protection Supervisor - EDPS - respectively), where foresight methods and speculative design are employed in policy-making with the goal of anticipating technological trends, their implications for society and their impact on regulations, as well as the effects of existing and upcoming laws on emerging technologies. Such initiatives can enhance strategic proactive abilities, raise public awareness of privacy issues and engender a participatory approach to the design of policies. They can also inspire the research, education and practice of legal design

What if data protection embraced foresight and speculative design?

Acknowledgements: Arianna Rossi’s research is partially supported by the Luxembourg National Research Fund (FNR) – IS/14717072 “Deceptive Patterns Online (Decepticon)”. Rossana Ducato’s work has been supported by the Erasmus+ Jean Monnet programme of the EU. The European Commission's support for the production of this publication does not constitute an endorsement of the contents, which reflect the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.Publisher PD

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