Informed Consent in Social Media Use – The Gap between User Expectations and EU Personal Data Protection Law

Custers, Bart; Hof, Simone van der; Schermer, Bart; Appleby-Arnold, Sandra; Brockdorff, Noellie

doi:10.2966/scrip.100413.435

Cited by 35 publications

(17 citation statements)

References 1 publication

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“…Further, data subjects should be given an option to express consent to data processing, but they often do not seem to think through the consequences of providing (or refusing) consent. Rather, they simply consent whenever confronted with a consent request (Custers et al 2013). With the growth of invasive digital technologies and algorithmic decision-making, the challenges for control over data have become even greater (Cohen 2018).…”

Section: Individual Control and The Gdprmentioning

confidence: 99%

Does the GDPR Enhance Consumers’ Control over Personal Data? An Analysis from a Behavioural Perspective

Ooijen

Vrabec

2018

J Consum Policy

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Because of increased technological complexities and multiple data-exploiting business practices, it is hard for consumers to gain control over their own personal data. Therefore, individual control over personal data has become an important subject in European privacy law. Compared to its predecessor, the General Data Protection Regulation (GDPR) addresses the need for more individual control over personal data more explicitly. With the introduction of several new principles that seem to empower individuals in gaining more control over their data, its changes relative to its predecessors are substantial. It appears, however, that, to increase individual control, data protection law relies on certain assumptions about human decision making. In this work, we challenge these assumptions and describe the actual mechanisms of human decision making in a personal data context. Further, we analyse the extent to which new provisions in the GDPR effectively enhance individual control through a behavioural lens. To guide our analysis, we identify three stages of data processing in the data economy: (1) the information receiving stage, (2) the approval and primary use stage, and (3) the secondary use (reuse) stage. For each stage, we identify the pitfalls of human decision-making that typically emerge and form a threat to individual control. Further, we discuss how the GDPR addresses these threats by means of several legal provisions. Finally, keeping in mind the pitfalls in human decision-making, we assess how effective the new legal provisions are in enhancing individual control. We end by concluding that these legal instruments seem to have made a step towards more individual control, but some threats to individual control remain entrenched in the GDPR.

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Section: Individual Control and The Gdprmentioning

confidence: 99%

Does the GDPR Enhance Consumers’ Control over Personal Data? An Analysis from a Behavioural Perspective

Ooijen

Vrabec

2018

J Consum Policy

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“…This is a precursor to their ability to consciously exercise agency in situations where personal data being collected and processed. Already recognised in specific contexts, such as consent and withdrawal (Coles-Kemp and Zabihi, 2010;Luger et al, 2013;Custers et al, 2013), the need for data to be more legible is becoming pervasive as society becomes more data-driven.…”

Section: Legibilitymentioning

confidence: 99%

Human-Data Interaction: The Human Face of the Data-Driven Society

et al. 2014

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The increasing generation and collection of personal data has created a complex ecosystem, often collaborative but sometimes combative, around companies and individuals engaging in the use of these data. We propose that the interactions between these agents warrants a new topic of study: Human-Data Interaction (HDI). In this paper we discuss how HDI sits at the intersection of various disciplines, including computer science, statistics, sociology, psychology and behavioural economics. We expose the challenges that HDI raises, organised into three core themes of legibility, agency and negotiability, and we present the HDI agenda to open up a dialogue amongst interested parties in the personal and big data ecosystems.

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“…Therefore upholding trustworthiness as a value is of utmost worth throughout all interactions in big data networks, and especially those that fall beyond the limitations of law. Given the relational character of this value-it can only flourish in interaction-prescribing the practice of trustworthiness (and also veracity) for all stakeholders during big data-based processes could, for instance, strengthen the effectivity of such legal prescriptions as informed consent (Custers et al 2013(Custers et al , 2014; the right not to be subject to profiling or the right to explanation. These rights can easily be violated when trustworthiness, veracity and honesty are not effectuated in big data networks.…”

Section: Trustworthinessmentioning

confidence: 99%

Reassessing values for emerging big data technologies: integrating design-based and application-based approaches

2019

Self Cite

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Through the exponential growth in digital devices and computational capabilities, big data technologies are putting pressure upon the boundaries of what can or cannot be considered acceptable from an ethical perspective. Much of the literature on ethical issues related to big data and big data technologies focuses on separate values such as privacy, human dignity, justice or autonomy. More holistic approaches, allowing a more comprehensive view and better balancing of values, usually focus on either a design-based approach, in which it is tried to implement values into the design of new technologies, or an application-based approach, in which it is tried to address the ways in which new technologies are used. Some integrated approaches do exist, but typically are more general in nature. This offers a broad scope of application, but may not always be tailored to the specific nature of big data related ethical issues. In this paper we distil a comprehensive set of ethical values from existing design-based and application-based ethical approaches for new technologies and further focus these values to the context of emerging big data technologies. A total of four value lists (from techno-moral values, value-sensitive design, anticipatory emerging technology ethics and biomedical ethics) were selected for this. The integrated list consists of a total of ten values: human welfare, autonomy, non-maleficence, justice, accountability, trustworthiness, privacy, dignity, solidarity and environmental welfare. Together, this set of values provides a comprehensive and in-depth overview of the values that are to be taken into account for emerging big data technologies.

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Informed Consent in Social Media Use – The Gap between User Expectations and EU Personal Data Protection Law

Cited by 35 publications

References 1 publication

Does the GDPR Enhance Consumers’ Control over Personal Data? An Analysis from a Behavioural Perspective

Does the GDPR Enhance Consumers’ Control over Personal Data? An Analysis from a Behavioural Perspective

Human-Data Interaction: The Human Face of the Data-Driven Society

Reassessing values for emerging big data technologies: integrating design-based and application-based approaches

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