Updated: June 18, 2016 (Initial publication: Nov. 8, 2015)
This Working paper will be used to support an French written article to be published in a book, set in the internet-espace-dinterregulation.0.pdf">Regulations Series, Dalloz Publishing
This working paper was the basis for intervention in the symposium organized by the internet-espace-/">Journal of Regulation,
View the slides used as support at the conference (in French).
After emphasizing that the concept of "data" is uncertain, the first perspective is to draw the regulatory consequences of the fact that what is often referred to as the "object" of the data item (the person, the company for financial data, the economy for rating data, etc.), is only its source, "underlying", the data which is manufactured by a company : the real objet of the data is its purpose being the use for which the data is intended. The data is independent its underlying, is consolidated in the affected masses, takes an economic value based on the desires that have users, becomes available outside of time and space in the digital. This implies a specific
But the data is also the Janus of digital because new black gold, pure financial instrument, immaterial by nature, the data also keep a record of people, the underlying that would protect, that we would like inseparable, or the structure that one would want legitimately to attack thank to the new mechanism of
In addition, any
Updated: March 12, 2016 (Initial publication: Nov. 7, 2015)
Law is a reconstruction of the world through definitions and categories, expressed in words, to which are imputed rules. There is always a share of invention in Law, articulated to a share of fidelity to the concrete world that it retranscribes, a combination enabling Law to regulate the latter.
Law is put in difficulty by what the term "data", quite new, is not easy to define. The fact that it is strangely formulated in Latin to show that there is plurality, the data, before associating it with an English adjective when there are many, the "big data", does not advance us more on what a "data" is. Law is a practical art that works well only if it manipulates categories whose definition is mastered.
This is why, in a first stage, we must recognize the uncertainties of the very notions of "data" (I), in order to orientate the adequate rules in the second step towards what is a given, namely a "pure" value in our consumer information society (II).
May 27, 1998
Thesaurus : Doctrine
Les étudiants de Sciences-po peuvent consulter l'article par le drive dans le dossier " MAFR- Régulation".