Issues

The Myth of the Privacy Paradox

People report that they value privacy highly, but are willing to trade personal data for goods and services. This “privacy paradox” is sometimes used as an argument against privacy regulation. However, regulation should be based on the social value of privacy, not individual valuations.

Restrictions on Privacy and Exploitation in the Digital Economy: A Market Failure Perspective

Digital platforms collect consumer data by default. Changing the default setting to require to consumers to “opt-in” to allow use of their data could create a market in data, but large platforms would still enjoy too much market power.

The Ethics of Facial Recognition Technology

Facial recognition technology presents a unique threat to freedom and human dignity. Once the technology is installed, people will become acclimated to it, and abusive uses will be nearly inevitable.

A Relational Turn for Data Protection?

Existing data protection rules are mostly procedural, focused on notice and consent. A “relational” privacy model would prohibit some data practices without considering consent.

Protecting Workers' Civil Rights in the Digital Age

Automated hiring, including automated video interviews, raises concerns about employment discrimination and privacy. Workplace wellness programs and electronic workplace surveillance raise similar concerns.

Journalism and the Voice Intelligence Industry

Artificial intelligence (AI) systems that analyze human voices have important implications for the creation and marketing of news.

The Trouble with Article 25 (and How to Fix It): The Future of Data Protection by Design and Default

Article 25 of Europe’s General Data Protection Regulation (GDPR) suggests that data controllers use privacy enhancing technologies (PETs). Regulators should interpret Article 25 to require the use of engineering techniques to enhance privacy.

The Inconsentability of Facial Surveillance

People may be asked to consent to uses of facial recognition technologies, but do not understand the implications of these technologies for their own autonomy or for society as a whole, and cannot give valid consent.

Using Data and Respecting Users

Firms should make ethical choices in using data to avoid souring relationships with users. Three basic guidelines reduce risk and help maintain user trust.

The Portability and Other Required Transfers Impact Assessment (PORT-IA): Assessing Competition, Privacy, Cybersecurity, and Other Considerations

One key legal question is whether data should move from A to B, or be prevented from moving from A to B. Requiring the transfer of data can be harmful in some ways and beneficial in others.