Last Friday, the FTC announced an agenda for its upcoming workshop, “Big Data: A Tool for Inclusion or Exclusion?” which will take place on Monday, Sept. 15, starting at 8:00 a.m.  As we’ve previously reported, the workshop will build on recent efforts by the FTC and other government agencies to understand how new technologies affect the economy, government, and society, and the implications on individual privacy.  In particular, while there has been much recognition for the value of big data in revolutionizing consumer services and generally enabling “non‐obvious, unexpectedly powerful uses” of information, there has been parallel focus on the extent to which practices and outcomes facilitated by big-data analytics could have discriminatory effects on protected communities.

The workshop will explore the use of big data and its impact on consumers, including low-income and underserved consumers, and will host the following panel discussions:

• Assessing the Current Environment.  Examine current uses of big data in various contexts and how these uses impact consumers.
• What’s on the Horizon with Big Data?  Explore potential uses of big data and possible benefits and harms for particular populations of consumers.
• Surveying the Legal Landscape.  Review anti-discrimination and consumer-protection laws and discuss how they may apply to the use of big data, and whether there may be gaps in the law.
• Mapping the Path Forward.  Consider best practices for the use of big data to protect consumers.

The FTC hopes that the workshop will build on the dialogue raised in its Spring Privacy Seminar Series held from February through May, which addressed mobile-device tracking, data brokers and predictive scoring, and consumer generated and controlled health data.  The workshop will convene academic experts, business representatives, industry leaders, and consumer advocates, and will be open to the general public. In advance of the workshop, the FTC has invited the public to file comments, reports, and original research on the proposed topics. The deadline to submit pre-workshop comments is August 15. Following the workshop on September 15, the comment period will remain open until October 15.

The workshop comes on the heels of the White House’s anticipated report on big data released in May, which outlined the administration’s priorities in protecting privacy and data security in an era of big data.  With an entire section dedicated to “Big Data and Discrimination,” the report warned that big data “could enable new forms of discrimination and predatory practices.”  Chiefly focusing on the use of information, the report showed concern about using data to discriminate against vulnerable groups.  Specifically, the report stated that “the ability to segment the population and to stratify consumer experiences so seamlessly as to be almost undetectable demands greater review, especially when it comes to the practice of differential pricing and other potentially discriminatory practices.” 
Continue Reading The FTC’s Agenda to Tackle Big Data and Discrimination