Scalable Fairness

ACM Conference on Fairness, Accountability, and Transparency (FAccT), pp. 2127–2137

Abstract

Can we consider the “fairness” principle a scalable tool for imposing the enforcement of fundamental rights horizontally on Big Techs? How can we really operationalise the direct proportionality between power imbalance and fairness duties in informational capitalism? This paper critically examines the evolving concept of fairness in privacy legal discourse, particularly in the realm of digital platform regulation and human rights enforcement, where the power of a few private entities has reached the level of quasi-states, creating immense dependence of users, customers, and citizens. This paper argues that being powerful (especially in the digital economy) can be defined as being in the position of a gatekeeper of the fundamental rights of other people (users, consumers, citizens).

Authors 1

1. Gianclaudio Malgieri corresponding Aachen eLaw Center for Law and Digital Technologies

   Leiden University

   Affiliation as printed

   Leiden University, eLaw Center for Law and Digital Technologies, Leiden, Netherlands