Information fiduciary duty in the digital age

Nov 16, 2023 By Si Gyeongmin

The collection, analysis, and use of personal data increasingly affect everything we do in the information age, from personal privacy to work, housing, travel, and medical care. The more powerful the algorithms that make decisions based on data, the more powerful the people and organizations that collect and use the data.


The reformists urge the government to supervise in the name of protecting personal privacy, preventing data abuse, and eliminating discrimination. In response, companies that collect, analyze, use, distribute, and sell personal data may argue for the First Amendment to the Constitution. In order to reconcile these seemingly contradictory interests, the concept of "information trust" was proposed. It is believed that many Internet service providers and cloud computing companies that collect, analyze, use, sell, and distribute personal information should be regarded as information trustees for their customers and end users.


Due to their special powers and special relationships with others, information trustees have special responsibilities, which place them in a different position from other companies and individuals that obtain and use digital information. Due to different positions, the First Amendment allows more control over information trustees than other people and entities.

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