Issues

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.

Taking Data Out of Context to Hyper-Personalize Ads: Crowdworkers’ Privacy Perceptions and Decisions to Disclose Private Information

This study shows that consumers will continue to answer intrusive online survey questions correctly, even after being disturbed by the inclusion of their personal information in an online ad.

The Paradox of Automation as Anti-Bias Intervention

Automated decision-making systems may facilitate bias. Job seekers lack access to the data and algorithms used by automated hiring systems, hindering plaintiff’s efforts to prove “disparate impact” discrimination under Title VII.

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.

Privacy Regulation and Innovation Policy

Some claim that privacy regulation threatens innovation, but regulation is appropriate to correct market failures. Privacy regulation could help align markets and ensure that innovation is consistent with social values.