Through the looking glass: an empirical study of users’ experiences of the regulatory framework governing text and data mining and some practical ways forward

Text and data mining (TDM) refers to the process of uncovering knowledge from datasets using computational analysis. Applications of TDM have grown rapidly in recent years, especially with the ever-growing popularisation of Artificial Intelligence. TDM sheds light on knowledge hidden in the shadows, unlocking insights that drive discovery and innovation. TDM practices are governed by a complex patchwork of regulatory frameworks that encompasses several areas of law, not always specifically attuned towards regulating TDM, such as contract law, copyright and data protection and privacy regulatory frameworks. Doctrinal research in this context has been increasing in popularity in recent years, examining the legal frameworks, which collectively regulate TDM practices. However, socio-legal research in this regard is still emerging. This study, through 11 semi-structured interviews with users who have experience with conducting TDM, provides novel insights into users’ experiences with the regulatory frameworks that govern their practices. It offers valuable insights into the dynamics of TDM, including the strategies and motivations driving regulatory compliance. It also highlights how the current regulatory structure could be refined to create a more balanced approach; one that effectively regulates TDM while safeguarding the interests of all stakeholders. Drawing on the study's findings, a set of recommendations are proposed, which aim to enable compliance with the existing regulatory framework for users, while still fostering both innovation and protection of stakeholder interests.