Papers by Przemysław Pałka
Social Science Research Network, 2024
AI & society, Mar 28, 2024
Driven by the increasing availability and deployment of ubiquitous computing technologies across ... more Driven by the increasing availability and deployment of ubiquitous computing technologies across our private and professional lives, implementations of automatically processable regulation (APR) have evolved over the past decade from academic projects to real-world implementations by states and companies. There are now pressing issues that such encoded regulation brings about for citizens and society, and strategies to mitigate these issues are required. However, comprehensive yet practically operationalizable frameworks to navigate the complex interactions and evaluate the risks of projects that implement APR are not available today. In this paper, and based on related work as well as our own experiences, we propose a framework to support the conceptualization, implementation, and application of responsible APR. Our contribution is twofold: we provide a holistic characterization of what responsible APR means; and we provide support to operationalize this in concrete projects, in the form of leading questions, examples, and mitigation strategies. We thereby provide a scientifically backed yet practically applicable way to guide researchers, sponsors, implementers, and regulators toward better outcomes of APR for users and society.
arXiv (Cornell University), Dec 27, 2023
The paper reports the results of an experiment aimed at testing to what extent ChatGPT 3.5 and 4 ... more The paper reports the results of an experiment aimed at testing to what extent ChatGPT 3.5 and 4 is able to answer questions regarding privacy policies designed in the new format that we propose. In a world of human-only interpreters, there was a trade-off between comprehensiveness and comprehensibility of privacy policies, leading to the actual policies not containing enough information for users to learn anything meaningful. Having shown that GPT performs relatively well with the new format, we provide experimental evidence supporting our policy suggestion, namely that the law should require fully comprehensive privacy policies, even if this means they become less concise.
Edward Elgar Publishing eBooks, Dec 4, 2023
Edward Elgar Publishing eBooks, Dec 4, 2023
European Constitutional Law Review, Nov 29, 2023
The right to the protection of personal data is the only fundamental right in the Charter that sp... more The right to the protection of personal data is the only fundamental right in the Charter that specifically demands the setting up of specialised administrative authorities. 1 Hence, not only is the existence of the data protection supervisory agencies required by the EU's constitutional law, but also their ability to effectively control the potential infringers is a matter of the data subjects' fundamental rights. Conversely, if their institutional or
Yearbook of European Law, Sep 10, 2023
Social Science Research Network, 2023
The dataset contains information obtained during the analysis and evaluation of the contents of 1... more The dataset contains information obtained during the analysis and evaluation of the contents of 100 Terms of Service (ToS) of online platforms from the point of view of the European Union consumer law. Each ToS has been assigned information regarding the presence and quality of remedy clauses, dispute resolution clauses, unilateral alteration clauses, rights to police the behavior of users, and regulatory requirements. In addition, descriptions of service features and parties’ rights and duties have been pulled out. The sample contains 100 ToS of digital platforms operating in sixteen market sectors: Cloud storage, Communication, Dating, Finance, Food, Gaming, Health, Music, Shopping, Social, Sports, Transportation, Travel, Video, Work, and Various. The selected companies’ headquarters span four legal surroundings: the US, the EU, Poland specifically, and other jurisdictions (including, e.g., China, Japan, and the UK). The chosen platforms are both privately held and publicly listed and offer both fee-based and free services. The resulting data table includes 100 observations described by 38 variables (10 metadata and 28 presenting results of the analysis). The definitions of variables and categorical values are presented in the instruction followed by the annotators. All the analyzed ToS in original and annotated form are a part of the dataset. The documents were retrieved from publicly accessible websites of respective online platforms on February 22, 2022, from the territory of Poland, the European Union. Each document was subsequently annotated independently by two researchers, based on the enclosed instruction. The instruction was prepared by the PI, with the help of the team, based on the EU law. The annotators subsequently run consistency checks. The process was designed to ensure the lack of errors and the clarity of the instruction. When ambiguities in the latter were discovered, the PI and the annotators resolved them, and the previously tagged documents were retroactively examined for consistency. These data have significant reuse potential. They can be reused by social scientists attempting to understand the dynamics of the digital markets or normative scholars, like lawyers or political philosophers, attempting to create algorithms for scoring online consumer contracts. They can also be reused by various non-scholarly actors, including policymakers verifying the efficacy of their regulations, developers willing to market their products in a consumer-friendly way, or consumer organizations attempting to raise consumer awareness. The data is suitable for many different types of data analysis methods, such as cluster analysis, dimensionality reduction, classification methods, and scoring.
Recent breakthroughs in the development of Artificial Intelligence (AI) have initiated heated deb... more Recent breakthroughs in the development of Artificial Intelligence (AI) have initiated heated debates regarding its governance. As of today, the success of AI relies on machine learning-the ability of algorithms to learn from, and find patterns in, large amounts of data. Consequently, governance of AI will in practice mean policies regarding both the design and access to algorithms, as well as collection and usage of information. Regarding the latter, the European Union (EU) has put in place a comprehensive normative framework: the General Data Protection Regulation (GDPR) 1 , applicable since 25 May 2018. ased on the discussion that took place during the School of Transnational Governance's High-Level Policy Dialogue on 26 June 2018, we present three actionable recommendations for global and local policymakers coming to grasp with the questions of AI Governance: 1. Incentivise compliance-centred innovation in AI 2. Empower civil society through AI 3. Enhance the interoperability of AI-governance structures
This chapter is based on chapter 4.2.5. of the author's PhD thesis 'Relations
Consumer contracts too often present clauses that are potentially unfair to the subscriber. We pr... more Consumer contracts too often present clauses that are potentially unfair to the subscriber. We present an experimental study where machine learning is employed to automatically detect such potentially unfair clauses in online contracts. Results show that the proposed system could provide a valuable tool for lawyers and consumers alike.
Two years after its entry into force, the EU General Data Protection Regulation became applicable... more Two years after its entry into force, the EU General Data Protection Regulation became applicable on the 25th May 2018. Despite the long time for preparation, privacy policies of online platforms and services still often fail to comply with information duties and the standard of lawfulness of data processing. In this paper we present a new methodology for processing privacy policies under GDPR's provisions, and a novel annotated corpus, to be used by machine learning systems to automatically check the compliance and adequacy of privacy policies. Preliminary results confirm the potential of the methodology
The latest developments in natural language processing and machine learning have created new oppo... more The latest developments in natural language processing and machine learning have created new opportunities in legal text analysis. In particular, we look at the texts of online privacy policies after the implementation of the European General Data Protection Regulation (GDPR). We analyse 32 privacy policies to design a methodology for automated detection and assessment of compliance of these documents. Preliminary results confirm the pressing issues with current privacy policies and the beneficial use of this approach in empowering consumers in making more informed decisions. However, we also encountered several serious issues in the process. This paper introduces the challenges through concrete examples of context dependence, omission of information, and multilingualism.
ness, without getting into details about concrete questions that could (and have) been asked abou... more ness, without getting into details about concrete questions that could (and have) been asked about the phenomenon of virtual property. As fascinating as these debates are, I will not touch upon questions of inheritance, bankruptcy of providers, copyright in user generated content, e-sports, nor will I dwell on the details of different contractual settings regarding transactions having virtual items as their objects. I do not address questions from outside the domain of private law, like criminal, competition or tax law implications. This is because these questions cannot be answered without a general theory clearing up the basics, and clearing up these basics has proven hard enough in itself. This is not only a question of labor-intensity, but also a question of academic prudence. I would like to get the foundations right, before building on top of them. And the best way to get them right is to expose them to review and criticism already at this stage. Thirdly, I did my best not to ...
Internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2022
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Papers by Przemysław Pałka