“In the past twenty years, the rapid growth of data-intensive technologies such as smart devices and social media platforms has resulted in the collection and use of ever-expanding volumes and varieties of personal information. Despite this fundamental reshaping of our relationship with technology, the legal framework for consent that underpins much of this data use has remained relatively static. Given the extraordinary impacts that data has on society and individuals, that framework should change. The traditional privacy and data protection framework relies heavily on notice-and-consent. In this regime, entities that collect and process personal information from individuals are generally required to tell users about the mechanics of what they do: what categories of information will be collected (eg, online activity), how it may be used (eg, to personalize ads or improve user experience), and with whom it may be shared (eg, third-party partners and vendors) …”
April Falcon Doss, Impact-Based Informed Consent: What Privacy Laws Can Learn From the Ethics of Human Subjects Research, 6 Georgetown Law Technology Review (February 2022).
First posted 2022-03-01 10:00:09
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