Data Protection: When Others Know What You Want Before You Do

2015

Online consent: how much do we need to know, 2023

This paper argues, against the prevailing view, that consent to privacy policies that regular internet users usually give is largely unproblematic from the moral point of view. To substantiate this claim, we rely on the idea of the right not to know (RNTK), as developed by bioethicists. Defenders of the RNTK in bioethical literature on informed consent claim that patients generally have the right to refuse medically relevant information. In this article we extend the application of the RNTK to online privacy. We then argue that if internet users can be thought of as exercising their RNTK before consenting to privacy policies, their consent ought to be considered free of the standard charges leveled against it by critics.

North Carolina Journal of Law and Technology, 2021

Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, The Right to Privacy, conceptually, privacy has existed since as early as 1127 as a natural concern when navigating between personal and commercial spheres of life. As an extension of contract and tort law, two common relational legal models, U.S. privacy law emerged to buoy engagement in commercial enterprise, borrowing known legal conventions like consent and assent. Historically, however, international legal privacy frameworks involving consent ultimately diverged, with the European Union taking a more expansive view of legal justification for processing as alternatives to consent. Unfortunately, consent as a procedural substitute for individual choice has created a number of issues in achieving legitimate and effective privacy protections for Americans. The problems with consent as a proxy for choice are well known. This Article explores the twin history of two diverging bodies of law as they apply to the privacy realm, then introduces the concept of legitimate interest balancing as an alternative to consent. Legitimate interest analysis requires an organization formally assess whether data collection and use ultimately result in greater benefit to individuals than the organization with input from actual consumers. This model shifts responsibility from individual consumers having to protect their own interests to organizations that must engage in fair data use practices to legally collect and use data. Finally, this Article positions the model in relation to common law, federal law, Federal Trade Commission activities, and judicial decision-making as a means for separating good-intentioned organizations from unethical ones.

Proceedings of the 2014 ACM International Joint Conference on Pervasive and Ubiquitous Computing: Adjunct Publication, 2014

Ubiquitous computing systems raise unprecedented challenges to how we currently elicit, secure and sustain user consent. Consent is the interactional process by which a user agrees to the terms of engagement with a system, and it represents the principle mechanism by which we protect our privacy online. However, whereas traditional online interactions are explicit, offering a series of moments at which one might inform and engage the user, the growing 'era of ubiquity' has decoupled users from devices, presenting no clear moment for consent to occur. Whilst there have been efforts to raise issues of consent within HCI and cognate disciplines, these remain disparate. The aim of this workshop is to bring together a solutionoriented community with a specific focus on consent issues within interactive environments. It will create a transnational, multidisciplinary platform for discussion and offer opportunities for collaboration, support and the development of a new research agenda.

Selected papers of internet research, 2013

In 1999, a technology CEO stated: “You have zero privacy. Get over it.” Is it true that privacy is impossible online? By socializing on the internet and on mobile devices, users deliberately and inadvertently generate personal artifacts and data that can be persistent, easily replicable, and even searchable. While people have significant interests in protecting their private personal information, the existing rhetorical and legal tools to do so are limited. The solution proposed here is to adopt a standard that explicit consent should be necessary for the production, distribution, or possession of private media content and information. Given the quantity of personal information created and stored in digital formats, scholars, policymakers, technology developers, and users alike need to develop social norms and technological mechanisms for obtaining meaningful and informed consent before circulating private information.

Indiana Health Law Review, 2015

2015

Notes from a talk where I overview what I call "the technology of consent": The “technology” portion of the technology of consent refers to exactly what you’d expect. The technologies we’re surrounded by – from the phones in our pockets to the machines that brought us here to the photon-emitting devices that illuminate us. It refers, in other words, to the technological environment we inhabit, and that positions us as creatures of modern technoculture. The “consent” part of the title is trickier. My contention here is that in modern technological societies, like our own, the status quo is maintained not through coercion, where subjects are forced to conform, but through the establishment of a tenuous consent, where subjects agree to the legitimacy of ideologies and social structures. The basic characteristics of this view are borrowed from the Marxist thinker Antonio Gramsci, and the theoretical aspect of my work involves investigating the viability of a Gramscian approach to modern technological democracies.

Global Komunika, 2023

The securitization of cyberspace has been specter to the political studies in various countries. This article focusses on the dynamic of speech act on implementation consent and its relation to the theory of lateral pressure formulated by Nazli in studying cyberpolitcs. Since 2018 European Commission has implemented GDPR as a basic law related to data transfer, collect and process (TCP). This policy has brought the fundamental problem to the activity conducting by the state and private sector. Moreover, it was also criticized that this policy has brought to the discrimination of algorithm that came to bias to the minority group. In speak of Methodology, we used qualitative research of 418 article with keyword 'consent' focusing in Social and Humanities Science on Journal Sage, after manually analysis found 146 articles related to the consent study and social science. The final project is to find out the significant tendency on how Europe has securitized GDPR through speech act by corelating it to the Lateral Pressure Index. The potential implications of the finding could give theoretical preference in formulating data protection base policy.

2018

View metadata, citation and similar papers at core.ac.uk provided by International Hellenic University: IHU Open Access Repository VI. The withdrawal of consent……………………………………………42 VII. Right to erasure or "right to be forgotten"……………………………42 VIII. Burden of proof for the acquisition of consent……………………….44 IX. Overall assessment and future perspectives…………………………...44 X. Concluding remarks…………………………………………………...47 References……………………………………………………………..49 This dissertation could not have been finished without the help and support of my supervisor professor, the academic staff, the academic library of International Hellenic University, and my family. It is my great pleasure to acknowledge people who have given me guidance, help and support and who have faith in me. First of all , I would like to express my sincere appreciation and deepest gratitude to my supervisor professor and Scientific Director Professor Dr Athanasios Kaissis for providing me with the opportunity to attend the LLM in Transnational and European Commercial Law and Alternative Dispute Resolution Program , which enabled me to acquire valuable knowledge on international commercial law , economics and ADR . I would like to thank him for his extremely valuable guidance and support in order to complete this dissertation. Similarly, I would like to thank Dr Komnios Komninos for his also extremely valuable guidance and suggestions, which were very helpful and precious to me in order to finish this dissertation. Special thanks should be given to the academic library of International Hellenic University, which provided me with variety of resources, the library staff, the academic staff and assistants in general, who were always willing to help me and guide me through my research. Also, I would like to thank particularly , a very beloved person , who is important to my life , who I consider to be my family , who urges me to reach my goals , who tells me to "fly as high as I can" , and who encouraged and inspired me to undertake and complete this particular dissertation . Finally , I would like to thank my parents , my brother and my daughter , who have faith in me and always support and encourage me to overcome myself .

European Review of Private Law, 2012

EU data protection law is undergoing a process of reform to meet the challenges of the modern economy and rapid technological developments. This study re-conceptualizes data protection in the EU in light of the enactment of the Treaty of Lisbon and the Charter of Fundamental Rights of the EU. It focuses on data subjects' consent as a key component of data processing legislation-alongside the principles of purpose specification and data quality-to reinforce the view that it is a necessary, though not sufficient, tool to guarantee the declared high level of protection of individuals. To prevent confusion, conflation, or abuse of consent and safeguard the fundamental values to which it is tied, this paper puts forward that additional legal constraints and qualifications would be necessary for the enhancement of its application and enforcement. Soft or libertarian paternalism may be the key to nudge individuals towards the desired social outcome while preserving their individual autonomy. The ultimate suggestion is that EU policy makers should take rights seriously and not be seduced by and surrender to conflicting economic interests.