Emre Bayamlıoğlu (Tilburg University – Tilburg Institute for Law, Technology, and Society (TILT)) & Ronald E. Leenes (Tilburg Institute for Law, Technology, and Society; Tilburg Law School; Tilburg University) have posted Data-Driven Decision-Making and The 'Rule of Law' on SSRN. Here is the abstract:
The paper intends to identify certain “rule of law” implications of Big Data analysis from a techno-regulatory perspective — namely, (i) the collapse of the normative enterprise, (ii) the erosion of moral enterprise and (iii) replacing of causative basis with correlative calculations. Although these implications are not completely specific to Big Data space but rather of general nature regarding techno-regulation, each of these rule of law implications become aggravated, and extend into deeper dimensions when techno-regulation is implemented through data-driven systems.