Different organisations recently published reports identifying the challenges and potential solutions to ensure privacy in blockchain platforms. The proposed solutions frequently emphasise the role of privacy-compliance technologies to be incorporated into the blockchain design. Often, these solutions imply a techno-regulatory approach, ignoring that the level of privacy implemented in a blockchain involves legal and policy choices, disregarding the need to implement human participation and contestability in these platforms. Against this backdrop, this paper proposes to examine how privacy-compliance technologies can incorporate human participation and contestability: first, resorting to the interdisciplinary literature to examine how technological design could balance privacy with human oversight; second, discussing the challenges to ensure ex post contestability for aggrieved data subjects; third, examining the difficulties in identifying liable parties in a blockchain platform. The current disregard of the social and human element risks undermining the role of privacy-compliance technologies in the blockchain.

In this editorial article, we aim to map out the central features of algorithmic regulation and its conceptual basis – seeking to bring together different strands of the literature relating to the topic that have often remained apart. We then reflect on the ways through which algorithmic law could evolve to address the challenges of artificial intelligence in the legal domain, particularly by examining the potential of applying a “prudential” test in order to determine whether automated decision-making systems are suitable to adequately support legal decision-making.