A comparative analysis of data governance: Socio-technical imaginaries of digital personal data in the USA and EU (2008–2016)

Abstract

Personal data are produced through our daily interactions with digital technologies like search engines, social media, and online shopping, and is often referred to as our “digital exhaust.” It has been characterized as the key resource or asset for our economies in the 21st century. This paper focuses on the socio-technical imaginaries of digital personal data as a way to understand how desired forms of data governance are co-produced with collective understandings of personal data as a political-economic asset. We examine the different socio-technical imaginaries that underpinned different developments in data regulations in the United States and EU from 2008 to 2016, focusing specifically on the mutual constitution of law, political economy, and technoscience. We do so in order to understand the “prehistories” of contemporary data governance. We analyze the institutional and legal context around the development of data privacy regulation and data commercialization in these two important jurisdictions and reflect on how this institutional and legal context configured their respective approaches to data governance.