Bart Custers

Bart Custers
Leiden University | LEI · eLaw - Center for Law and Digital Technologies

Professor

About

146
Publications
126,035
Reads
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1,433
Citations
Citations since 2016
76 Research Items
1284 Citations
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Introduction
prof.mr. dr. ir. B.H.M. (Bart) Custers PhD MSc LLM is full professor of Law and Data Science at eLaw, Center for Law and Digital Technologies at Leiden University. He has a background in both law and physics and is an expert in the area of law and digital technologies, including topics like profiling, big data, privacy, discrimination, cybercrime, technology in policing and artificial intelligence. He is a seasoned researcher and project manager who acquired and executed research for the European Commission, NWO (the National Research Council in the Netherlands), the Dutch national government, local government agencies, large corporations and SMEs. Until 2016 he was the head of the research department on Crime, Law enforcement and Sanctions of the scientific research center (WODC) of the
Additional affiliations
September 2009 - present
Leiden University
Position
  • Head of Department
January 2009 - June 2019
Leiden University
Position
  • Managing Director

Publications

Publications (146)
Article
Full-text available
In healthcare, gender and sex considerations are crucial because they affect individuals' health and disease differences. Yet, most algorithms deployed in the healthcare context do not consider these aspects and do not account for bias detection. Missing these dimensions in algorithms used in medicine is a huge point of concern, as neglecting these...
Article
The right of access in Article 15 of the EU General Data Protection Regulation (GDPR) is essential for empowering data subjects when exercising other data subject rights. In the context of automated decision-making, including profiling, Article 15(1)(h) provides a right to meaningful information about the logic involved, as well as the significance...
Article
Full-text available
Online price discrimination (OPD) or personalized pricing has triggered many debates in the existing literature, due to its potential adverse effects on (trust in) markets and certain consumer groups. The implicit assumption underpinning these debates is the actual use of OPD in practice, although empirical research has not provided evidence of its...
Book
This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including consti...
Article
Full-text available
Many free online services, including search engines and social media, use business models based on the collecting and processing of personal data of its users. The user data are analysed, leased or sold to generate profits. Basically, the users are not paying for the services with subscription fees or any kind of monetary payment, but with their pe...
Chapter
This chapter explores the rules of the General Data Protection Regulation (GDPR) for automated decision-making (ADM) stipulated under Article 22. In doing so, this chapter briefly investigates automated decision-making systems, including the concept of ADM, in order to reveal which forms of ADM are covered by Article 22 of the GDPR. After a short c...
Chapter
Consent has been enshrined in data protection law since its inception and is today an important lawful ground under the GDPR for the processing of personal data by the private sector. Given the main objectives of consent, namely user empowerment, informational self-determination, and autonomy, this specific legal basis seems to be very user-oriente...
Article
Full-text available
Innovation in healthcare promises unparalleled potential in optimizing the production, distribution, and use of the health workforce and infrastructure, allocating system resources more efficiently, and streamline care pathways and supply chains. A recent innovation contributing to this is robot-assisted surgeries (RAS). RAS causes less damage to t...
Article
The increasing use of digital technologies by governments and companies raises numerous questions regarding the regulation of these technologies, particularly regarding the rights and legal protections citizens are entitled to. The focus is mostly on the application and potential modification of existing (fundamental) rights. However, the debate an...
Article
Full-text available
In the European Union (EU), all people have a fundamental right to privacy, described in Article 7 of the Charter of Fundamental Rights of the European Union1 (Charter), ratified in December 2000. Apart from this right to privacy, the same Charter also explicitly lists a fundamental right to data protection in Article 8, stating that everyone has t...
Chapter
This chapter provides an introduction to this book (Law and Artificial Intelligence: Regulating AI and Applying it in Legal Practice) and an overview of all the chapters. The book deals with the intersection of law and Artificial Intelligence (AI). Law and AI interact in two different ways, which are both covered in this book: law can regulate AI a...
Chapter
Both criminals and law enforcement are increasingly making use of the opportunities that AI may offer, opening a whole new chapter in the cat-and-mouse game of committing versus addressing crime. This chapter maps the major developments of AI use in both substantive criminal law and procedural criminal law. In substantive criminal law, A/B optimisa...
Chapter
Due to its online nature, each form of cybercrime typically leaves digital traces. Such data can be useful for criminal investigations, but also for cybercrime researchers. Both the availability and usability of data in cybercrime research are rapidly increasing, together with the tools for automated analyses (big data analytics) to find patterns i...
Article
Full-text available
Social media platforms employ inferential analytics methods to guess user preferences and may include sensitive attributes such as race, gender, sexual orientation, and political opinions. These methods are often opaque, but they can have significant effects such as predicting behaviors for marketing purposes, influencing behavior for profit, servi...
Article
Full-text available
Online and social media platforms employ automated recognition methods to presume user preferences, sensitive attributes such as race, gender, sexual orientation, and opinions. These opaque methods can predict behaviors for marketing purposes and influence behavior for profit, serving attention economics but also reinforcing existing biases such as...
Article
Full-text available
This research focuses on how the complex interplay between increasingly autonomous surgical robots, medical practitioners and support staff will soon complicate the understanding of how to allocate responsibility if something goes wrong. For the automotive industry, the Society of Automotive Engineers established different automation levels to cl...
Article
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Digital traces that people leave behind in our digitalized society can be useful evidence in criminal courts. The central question of this article (how is the use of data as evidence in Dutch criminal courts regulated and, considering how these courts deal with such data as evidence in practice, what is needed?) is answered by analyzing the relevan...
Article
Full-text available
Personal data use is increasingly permeating our everyday life. Informed consent for personal data use is a central instrument for ensuring the protection of personal data. However, current informed consent practices often fail to actually inform data subjects about the use of personal data. This article presents the results of a requirements analy...
Article
Full-text available
Ransomware is malicious software (malware) that blocks access to someone’s computer system or files on the system and subsequently demands a ransom to be paid for unlocking the computer or files. Ransomware is considered one of the main threats in cybercrime today. Cryptoware is a specific type of ransomware, which encrypts files on computer system...
Article
Full-text available
Through the exponential growth in digital devices and computational capabilities, big data technologies are putting pressure upon the boundaries of what can or cannot be considered acceptable from an ethical perspective. Much of the literature on ethical issues related to big data and big data technologies focuses on separate values such as privacy...
Book
In this book, the protection of personal data is compared for eight EU member states, namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden and the Netherlands. The comparison of the countries is focused on government policies for the protection of personal data, the applicable laws and regulations, implementation of those law...
Chapter
This chapter focuses on privacy and data protection in Romania. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deals with r...
Chapter
This chapter focuses on privacy and data protection in the United Kingdom. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section d...
Chapter
This chapter focuses on privacy and data protection in the Sweden. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deals wit...
Chapter
This chapter focuses on privacy and data protection in France. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deals with re...
Chapter
This chapter focuses on privacy and data protection in the Germany. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deals wi...
Chapter
This chapter focuses on privacy and data protection in Italy. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deals with reg...
Chapter
This chapter focuses on privacy and data protection in Ireland. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deals with r...
Chapter
This chapter focuses on privacy and data protection in the Netherlands. The first section deals with the general situation regarding privacy and personal data protection. The second section deals with national government policies. The third section deals with laws and regulations. The fourth section deals with implementation. The fifth section deal...
Article
Full-text available
Banking malware is malicious software that aims to steal money from victims via manipulated bank transfers in online banking. This paper describes how the profits of banking malware are generated and subsequently laundered, with a particular focus on the use of bitcoins and other digital payment methods. Computers are infected with banking malware...
Chapter
Full-text available
This chapter provides and introduction to this book and an overview of all chapters. First, it is pointed out what this book is about: discrimination and privacy issues of data mining and profiling and solutions (both technological and nontechnological) for these issues. A large part of this book is based on research results of a project on how and...
Article
The rise of big data promises a plethora of opportunities for a data-driven economy, including accelerated innovation and growth, and increased productivity and competitiveness. However, there are still many legal, technological, societal and economic barriers that inhibit the use and reuse of data. It's not enough to have large volumes of data to...
Article
Although the protection of personal data is harmonized within the EU by Directive 95/46/EC and will be further harmonized by the General Data Protection Regulation (GDPR) in 2018, there are significant differences in the ways in which EU member states implemented the protection of privacy and personal data in national laws, policies, and practices....
Article
The commodification of digital identities is an emerging reality in the data-driven economy. Personal data of individuals represent monetary value in the data-driven economy and are often considered a counter performance for "free" digital services or for discounts for online products and services. Furthermore, customer data and profiling algorithm...
Article
Full-text available
In an attempt to strengthen the position of the police to fight cybercrime, the Dutch government proposed new legislation giving police agencies new investigative powers on the Internet. This proposed legislation is controversial as it allows police agencies to hack into computers and install spyware. This paper examines the background and contents...
Chapter
Full-text available
This chapter provides an introduction to this book and an overview of all chapters. Given the popularity of drones and the fact that many of them are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and...
Chapter
Full-text available
The different types of drones can be differentiated in terms of the type (fixed-wing, multirotor, etc.), the degree of autonomy, the size and weight, and the power source. These specifications are important, for example for the drone’s cruising range, the maximum flight duration, and the loading capacity. Aside from the drone itself (i.e., the ‘pla...
Chapter
Full-text available
The number of drones in the air is expected to increase rapidly in the coming years. This will put enormous pressure on the systems of permits and exemptions that most countries require for drone use. Large numbers of drones will also put the enforcement of such rules under pressure. Banning drones from society is not a realistic option. Thus, prop...
Article
Full-text available
Increasing numbers of decisions about everyday life are made using algorithms. By algorithms we mean predictive models (decision rules) captured from historical data using data mining. Such models often decide prices we pay, select ads we see and news we read online, match job descriptions and candidate CVs, decide who gets a loan, who goes through...
Article
Full-text available
The legal basis for processing personal data and some other types of Big Data is often the informed consent of the data subject involved. Many data controllers, such as social network sites, offer terms and conditions, privacy policies or similar documents to which a user can consent when registering as a user. There are many issues with such infor...
Article
Full-text available
Key Points • Current personal data protection requirements like data minimization and purpose specification are potentially inimical to Big Data as they limit the size and use of Big Data. Potential benefits of Big Data to discover novel trends, patterns, and relationships may not materialize. Substantial loss of economic and social benefits of Bi...
Book
Full-text available
Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a...
Article
Full-text available
Police forces and law enforcement agencies in many countries are continuously trying to optimize the use of technologies in policing and law enforcement. Efforts are being made to remove existing technological, legal and organizational obstacles to create more opportunities of promising technologies, both existing and new. This contribution describ...
Article
Social media process (sometimes large amounts of) personal data of their users, usually on the basis of informed consent. In this article, a comparison is made between, on the one hand, existing practices of social media regarding informed consent for using personal data of users and, on the other hand, user expectations with regard to privacy and...
Chapter
Full-text available
Data mining is a technology that extracts useful information, such as patterns and trends, from large amounts of data. The privacy sensitive input data and the output data that is often used for selections deserve protection against abuse. In this paper we describe one of the main results of our research project on developing new privacy preserving...
Article
In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorisation, does not work in practice. In practice the legal requirements for consent lead to ‘consent desensitisation’, undermining privacy protection and tr...
Article
In this paper, user expectations with regard to privacy and consent when using social media are compared with the EU legal framework for personal data protection. This analysis is based on a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria are derived from survey results. For...
Conference Paper
Full-text available
In this paper, current practices of social network sites and user expectations with regard to privacy and consent are compared. The privacy statements of a selection of eight social network sites were analyzed using a set of criteria for informed consent distilled from an analytical bibliography. User expectations regarding these criteria were deri...
Chapter
Full-text available
Due to recent technological developments it became possible to generate and store increasingly larger datasets. Not the amount of data, however, but the ability to interpret and analyze the data, and to base future policies and decisions on the outcome of the analysis determines the value of data. The amounts of data collected nowadays not only off...
Chapter
The growing use of data mining practices by both government and commercial entities leads to both great promises and challenges. They hold the promise of facilitating an information environment which is fair, accurate and efficient. At the same time, they might lead to practices which are both invasive and discriminatory, yet in ways the law has ye...
Chapter
This chapter provides and introduction to this book and an overview of all chapters. First, it is pointed out what this book is about: discrimination and privacy issues of data mining and profiling and solutions (both technological and non-technological) for these issues. A large part of this book is based on research results of a project on how an...
Book
Full-text available
Vast amounts of data are nowadays collected, stored and processed, in an effort to assist in making a variety of administrative and governmental decisions. These innovative steps considerably improve the speed, effectiveness and quality of decisions. Analyses are increasingly performed by data mining and profiling technologies that statistically an...