Privacy law has long centered on the individual. But we observe a meaningful shift toward group harm and rights. There is growing recognition that data-driven practices, including the development and use of artificial intelligence (AI) systems, affect not just atomized individuals but also their neighborhoods and communities, including and especially situationally vulnerable and historically marginalized groups.
This Article explores a recent shift in both data privacy law and the newly developing law of AI: a turn towards stakeholder participation in the governance of AI and data systems, specifically by impacted groups often though not always representing historically marginalized communities. In this Article we chart this development across an array of recent laws in both the United States and the European Union. We explain reasons for the turn, both theoretical and practical. We then offer analysis of the legal scaffolding of impacted stakeholder participation, establishing a catalog of both existing and possible interventions. We close with a call for reframing impacted stakeholders as rights-holders, and for recognizing several variations on a group right to contest AI systems, among other collective means of leveraging and invoking rights individuals have already been afforded.
