Collective Commentary about the New Package Travel Directive

222 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 2.2. Towards behaviourally “personalised” information? Big Data, big problems Every consumer is given the same information even though some items are not of equal importance to everyone. Thus a system for prioritising the information has been proposed, where it is possible for individual consumers to select items that are vital to them and it therefore reduces the quantity of information provided by eliminating irrelevant data. The key problem with the current disclosure regime is the peril of information overload, fuelled by the equal weight accorded to every piece of information. Personalisation could tailor the salience of certain items and the degree of complexity of disclosures to the individual who discloses, reducing this risk of information overload 27 . With the help of Big Data, it is possible to provide travellers with information that is tailored to their situations, personalities, demographic characteristics and cognitive capabilities 28 . Big data allows the processing of immense amounts of data at unprecedented speed and allows for the creation of internet user profiles that adjust the content of information displayed, such as announcements and offers, while users are online 29 . However, although the provision of behaviourally informed (“personalised”) information rather than standardised (“impersonal”) information will increase the relevance of any disclosure for the individual recipient of the information, I consider that providing information with the help of Big Data on a voluntary basis does not provide a better regulatory approach than the traditional model of information provision. Information technology is orientated exclusively towards the market, i.e. it makes it easier to build unique products and services for individual consumers 30 , and the information provided very much depends on the quality of the algorithm used for consumer profiling. By contrast, the information provided for in Art. 5(1) of the new Package Travel Directive and to be given by the organiser and, where appropriate, the retailer, is very convenient and useful for the traveller. There are serious problems with the quality of information provided 27 Some legal scholars have recently argued that personalisation can be operationalised for disclosures. Poludniak-Gierz, ‘Personalisation of Information Duties – Challenges for Big Data Approach’, cit., p. 298. 28 As for consumers, Busch, “The future of pre-contractual information duties: from behavioural insights to big data”, cit., pp. 230-239. 29 Poludniak-Gierz, ‘Personalisation of Information Duties Challenges for Big Data Approach’, cit., p. 300. 30 For example, based on the purchasing history of the traveller, the organiser or retailer could inform the traveller about the hotels available at the destination.