Associate Professor Gianclaudio Malgieri (eLaw - Center for Law and Digital Technologies) and Professor Margot E. Kaminski (University of Colorado Law School) have published a new article in the very prestigious Yale Journal of Law & Technology, titled Impacted Stakeholder Participation in AI and Data Governance.
The article maps a clear shift in privacy and AI regulation from an individual-centred approach to one that recognises group-level harms and rights. It surveys recent legal developments in the EU and US that invite impacted stakeholders, often situationally vulnerable or historically marginalised communities, into decision-making around AI and data practices.
Building on this survey, the authors outline the legal framework for meaningful participation, encompassing impact assessments, governance, and design processes. They conclude with a call to reframe impacted stakeholders as rights-holders, including recognition of group rights to contest AI systems and other collective mechanisms to activate rights already on the books.
The article is open access on the Yale Journal of Law & Technology website. A PDF is available via the publication page.
