Participated in a couple events on this topic in late January



Humans have a more complex motivational structure and more capability to solve social dilemmas than posited in earlier rational-choice theory. Designing institutions to force (or nudge) entirely self-interested individuals to achieve better outcomes has been the major goal posited by policy analysts for governments to accomplish for much of the past half century. Extensive empirical research leads me to argue that instead, a core goal of public policy should be to facilitate the development of institutions that bring out the best in humans.

Data Coops: the contractual underpinnings of data coops make them relatively easy to set up and well suited to empowering groups of individuals to obtain individual goods (such as financial returns) or services (such as the monitoring of health or education services) that they would not be able to secure without pooling their data. Data coops may to some extent facilitate the pursuit of societal goods (such as health research) on an ad-hoc basis (depending on the contractual terms).

Public Databank: (à la Sidewalk labs latest instantiation): The fact that this type of data institution is run or held by a public entity makes it particularly well suited to purposes relating to the furthering of societal goods. Nothing prevents this type of institution from also endeavouring to facilitate the delivery of individual goods (like monitoring the quality of health services). This type of institution may seek to address or minimize the vulnerabilities that stem from data sharing. Its being a State-provided, monolithic type of institution may however hinder its ability to address some types of vulnerabilities and enfranchise marginalised groups.

Data Trusts: Data Trusts distinguish themselves from data coops and public databanks not only through the level of legal safeguards they are able to provide (within the framework of trust law). They are also uniquely capable of any combination of these aims (depending on the focus of each particular data trust). This mechanism is well-placed to address concerns about enfranchisement, by providing a mechanism for under-represented and potentially vulnerable groups of individuals to reverse the direction of consent: their data trustee will have the fiduciary responsibility to exercise their data rights in a way that promotes the aspirations set out in the terms of each trust.