Augmented accountability: Data access in the metaverse

This article examines regulated data access (RDA) in the metaverse—an interconnected and immersive digital ecosystem comprising virtual, augmented, and hyper-physical realities. We organise the argument across taxonomy (Section 2), Digital Services Act (DSA)-anchored doctrine (Section 3), implementation challenges (Section 4), platform practices (Section 5), and a global blueprint (Section 6). Building on the European Union’s DSA, particularly Article 40, the analysis evaluates whether metaverse platforms qualify as Very Large Online Platforms or Very Large Online Search Engines and thus fall within the DSA’s data access rules. Drawing comparative insights from the UK’s Online Safety Act and the United States’ proposed Platform Accountability and Transparency Act, the article highlights differing global approaches to data sharing and the significant governance gaps that persist. This article categorizes metaverse-native data, including spatial, biometric, and eye-tracking data, into personal and non-personal types, stressing the heightened complexity of governing immersive, multidimensional information flows. While existing legal frameworks offer a starting point, the metaverse’s novel data practices demand targeted adaptations to address challenges like decentralised governance, user consent in real-time environments, and the integration of privacy-enhancing technologies. Through an examination of data access regimes across selected metaverse platforms, the article identifies a lack of uniform, transparent processes for external researchers. In this context, the article highlights RDA's broader public-interest function, facilitating external scrutiny of platform activities and ensuring service providers are held accountable. The absence of consistent RDA frameworks obstructs systemic risk research, undermining both risk assessment and mitigation efforts while leaving user rights vulnerable to opaque platform governance. To address these gaps, the article advances a set of policy recommendations aimed at strengthening RDA in the metaverse—adapting regulatory strategies to its evolving, decentralised architecture. By tailoring regulatory strategies to the metaverse’s dynamic nature, policymakers can foster accountability, innovation, and trust—both domestically (in jurisdictions like the UK, where data access provisions remain underdeveloped) and internationally. The analysis extends beyond mere applications to metaverse platforms, providing insights that can be applied to the online platform ecosystem in its entirety. Ultimately, this article charts a path toward harmonized, future-ready data governance frameworks—one that integrates RDA as a core regulatory mechanism for ‘augmented accountability’, essential for safeguarding user rights and enabling independent risk assessment in the metaverse.

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Publication Details

Journal
Computer law & security review
Published
2025-09-23
DOI
https://doi.org/10.1016/j.clsr.2025.106196
Citations
2
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
4.73

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article

Augmented accountability: Data access in the metaverse

Giancarlo Frosio, Faith Obafemi
2 citations
Computer law & security review
Ethics and Social Impacts of AI
4.73
article

Augmented accountability: Data access in the metaverse

Giancarlo Frosio, Faith Obafemi
article en
2 citations

Abstract

This article examines regulated data access (RDA) in the metaverse—an interconnected and immersive digital ecosystem comprising virtual, augmented, and hyper-physical realities. We organise the argument across taxonomy (Section 2), Digital Services Act (DSA)-anchored doctrine (Section 3), implementation challenges (Section 4), platform practices (Section 5), and a global blueprint (Section 6). Building on the European Union’s DSA, particularly Article 40, the analysis evaluates whether metaverse platforms qualify as Very Large Online Platforms or Very Large Online Search Engines and thus fall within the DSA’s data access rules. Drawing comparative insights from the UK’s Online Safety Act and the United States’ proposed Platform Accountability and Transparency Act, the article highlights differing global approaches to data sharing and the significant governance gaps that persist. This article categorizes metaverse-native data, including spatial, biometric, and eye-tracking data, into personal and non-personal types, stressing the heightened complexity of governing immersive, multidimensional information flows. While existing legal frameworks offer a starting point, the metaverse’s novel data practices demand targeted adaptations to address challenges like decentralised governance, user consent in real-time environments, and the integration of privacy-enhancing technologies. Through an examination of data access regimes across selected metaverse platforms, the article identifies a lack of uniform, transparent processes for external researchers. In this context, the article highlights RDA's broader public-interest function, facilitating external scrutiny of platform activities and ensuring service providers are held accountable. The absence of consistent RDA frameworks obstructs systemic risk research, undermining both risk assessment and mitigation efforts while leaving user rights vulnerable to opaque platform governance. To address these gaps, the article advances a set of policy recommendations aimed at strengthening RDA in the metaverse—adapting regulatory strategies to its evolving, decentralised architecture. By tailoring regulatory strategies to the metaverse’s dynamic nature, policymakers can foster accountability, innovation, and trust—both domestically (in jurisdictions like the UK, where data access provisions remain underdeveloped) and internationally. The analysis extends beyond mere applications to metaverse platforms, providing insights that can be applied to the online platform ecosystem in its entirety. Ultimately, this article charts a path toward harmonized, future-ready data governance frameworks—one that integrates RDA as a core regulatory mechanism for ‘augmented accountability’, essential for safeguarding user rights and enabling independent risk assessment in the metaverse.

Computer law & security reviewVol. 59
Queen's University Belfast (GB), Intellectual Property Institute (SI)
UK Research and Innovation
Openalex Percentile: Top 5%
Ethics and Social Impacts of AI
4.73
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