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Boston College Law Review
Article . 2025 . Peer-reviewed
License: CC BY NC
Data sources: Crossref
https://doi.org/10.2139/ssrn.5...
Article . 2025 . Peer-reviewed
Data sources: Crossref
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Data as Policy

Authors: Janet Freilich; W. Nicholson Price II;

Data as Policy

Abstract

A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. Government-provided data is particularly powerful for data-driven technologies such as artificial intelligence (AI) where it is sometimes more effective than traditional methods of regulation. But government-provided data is a policy tool beyond AI and can influence policy in any field. We illustrate why government-provided data is a compelling tool for both positive regulation and deregulation in contexts ranging from addressing health-care discrimination, automating legal practice, smart power generation, and others. We then consider objections and limitations to the role of government-provided data as policy instrument, with a substantial focus on privacy concerns and the possibility for autocratic abuse. We build on the broad literature on regulation by introducing data as a regulatory tool. We also join—and diverge from—the growing literature on data by showing that while data can be privately produced purely for private gain, they do not need to be. Rather, government can be deeply involved in the generation and sharing of data, taking a much more publicly oriented view. Ultimately, while government-provided data are not a panacea for either regulatory or data problems, governments should view data provision as an understudied but useful tool in the innovation and governance toolbox.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid