Privacy Expectations of Social Media Users: The Role of Informed Consent in Privacy Policies

Custers, Bart; Hof, Simone van der; Schermer, Bart

doi:10.1002/1944-2866.poi366

Cited by 48 publications

(26 citation statements)

References 37 publications

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“…18 GDPR). Still, meeting these legal requirements provides no guarantee that the needs of the data subject are sufficiently met (Custers et al 2014;Custers 2016;Mai 2016). Legal requirements establish guidelines mainly as to what information should be provided in a consent form.…”

Section: Consequencesmentioning

confidence: 99%

Exploring solutions to the privacy paradox in the context of e-assessment: informed consent revisited

et al. 2020

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Personal data use is increasingly permeating our everyday life. Informed consent for personal data use is a central instrument for ensuring the protection of personal data. However, current informed consent practices often fail to actually inform data subjects about the use of personal data. This article presents the results of a requirements analysis for informed consent from both a legal and usability perspective, considering the application context of educational assessment. The requirements analysis is based on European Union (EU) law and a review of current practices. As the main outcome, the article presents a blueprint which will be the basis for the development of an informed consent template that supports data controllers in establishing an effective and efficient informed consent form. Because the blueprint, and subsequently, the template, distinguishes between legal and usability requirements, it also provides the basis for the mapping of legal requirements in other (non-European) contexts.

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Section: Consequencesmentioning

confidence: 99%

Exploring solutions to the privacy paradox in the context of e-assessment: informed consent revisited

et al. 2020

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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

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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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“…48 These types of sentiment analyses may be useful for those who are developing laws and regulations to determine which proposed policies, regulations and legislation can count on public support. 49 Public support may increase and decrease over time, so sentiment analyses may also be used to choose the appropriate timing for launching new ideas, such as legislative proposals and new policies. 50…”

Section: Decision-making and Empirical Legal Researchmentioning

confidence: 99%

Methods of Data Research for Law

Custers

2018

SSRN Journal

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Methods of data research are becoming increasingly important in the legal domain. After explaining the concept of legal big data, to show that law is an area in which a lot of big data is available, this chapter discusses and illustrates several existing and potential applications of data research methods for lawyers and legal researchers. Particular opportunities exist with regard to (1) predictions, (2) searching, structuring and selecting, and (3) decision-making and empirical legal research. These methods constitute an important contribution to legal practice and legal scholarship as they may provide novel unexpected insights and considerably increase efficiency (less resources, more results) and effectiveness (more accurate and reliable results) of legal research, both in legal practice and legal scholarship. This may, among other things, result in improved legal services, new business models, new knowledge and a more solid basis for evidence-based policies and legislation. However, there are also several limits to and drawbacks of the use of these data research methods for law. From a methodological perspective, these include the lack of human intuition, an abundance of results that are not always relevant, limited insights in underlying causality, issues with repurposing, selfconfirmation, self-fulfilling prophecies and reliability issues. It is concluded that, given the opportunities these developments provide for new business models for legal services and for legal research (both in legal practice and in legal scholarship), it is likely that these methods will be used on a larger scale in the near future and that new and additional methods will be developed. This will change to some extent the way legal work looks like and the job market for lawyers.

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Privacy Expectations of Social Media Users: The Role of Informed Consent in Privacy Policies

Cited by 48 publications

References 37 publications

Exploring solutions to the privacy paradox in the context of e-assessment: informed consent revisited

Exploring solutions to the privacy paradox in the context of e-assessment: informed consent revisited

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

Methods of Data Research for Law

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