The Data Crowd as a Legal Stakeholder

Abstract

This article identifies a new legal stakeholder in the data economy: the data crowd. A data crowd is a collective that: (i) is unorganised, non-deliberate and unable to form an agenda; (ii) relies on productive aggregation that creates an interdependency among participants; and (iii) is subjected to an external authority. Notable examples of crowds include users of a social network, users of a search engine and users of artificial intelligence-based applications. The law currently only protects users in the data economy as individuals, and in certain cases may address broad public concerns. However, it does not recognise the collective interests of the crowd of users and its unique vulnerability to platform power. The article presents and defends the crowd’s legal interests in a stable infrastructure for participation. It therefore reveals the need for a new approach to consumers’ rights in the data economy.