Does Industry Self-Regulation of Consumer Data Privacy Work?

2017 ◽  
Vol 15 (2) ◽  
pp. 92-95 ◽  
Author(s):  
Siona Listokin
2020 ◽  
Author(s):  
W. Jason Choi ◽  
Kinshuk Jerath ◽  
Miklos Sarvary

2019 ◽  
Vol 7 (1) ◽  
pp. 269-297 ◽  
Author(s):  
Kristi Harbord

The intersection of healthcare and technology is a rapidly growing area. One thriving field at this intersection involves obtaining, processing, and storing genetic data. While the benefits have been great, genetic information can reveal a great deal about individuals and their families. And the information that can be conveyed from genetic data appears limitless and is constantly growing and changing. Many entities have begun storing, processing, and sharing genetic data on a very large scale. This creates many privacy concerns that the current regulatory framework does not account for. The line between patient data and consumer data is blurred; many entities are interested in obtaining genetic data with varied interests. In the direct-to-consumer genetic testing market, consumers pay to send private companies their DNA samples in exchange for a trivial amount of information about their ancestry and health risks. But health data obtained and processed by a company are subjected to far less stringent privacy regulations than health data obtained and processed at a doctor’s office or hospital. This Comment summarizes some of the current genetic privacy problems in United States laws and examines the EU’s recently adopted GDPR for a possible solution. A GDPR-style regulation could provide more consistency, give individuals more control, and protect against future unknown uses.


2021 ◽  
Vol 13 (20) ◽  
pp. 11162
Author(s):  
Dirk Helbing ◽  
Farzam Fanitabasi ◽  
Fosca Giannotti ◽  
Regula Hänggli ◽  
Carina I. Hausladen ◽  
...  

The digital revolution has brought about many societal changes such as the creation of “smart cities”. The smart city concept has changed the urban ecosystem by embedding digital technologies in the city fabric to enhance the quality of life of its inhabitants. However, it has also led to some pressing issues and challenges related to data, privacy, ethics inclusion, and fairness. While the initial concept of smart cities was largely technology- and data-driven, focused on the automation of traffic, logistics and processes, this concept is currently being replaced by technology-enabled, human-centred solutions. However, this is not the end of the development, as there is now a big trend towards “design for values”. In this paper, we point out how a value-sensitive design approach could promote a more sustainable pathway of cities that better serves people and nature. Such “value-sensitive design” will have to take ethics, law and culture on board. We discuss how organising the digital world in a participatory way, as well as leveraging the concepts of self-organisation, self-regulation, and self-control, would foster synergy effects and thereby help to leverage a sustainable technological revolution on a global scale. Furthermore, a “democracy by design” approach could also promote resilience.


2014 ◽  
Vol 35 (1) ◽  
pp. 52-55 ◽  
Author(s):  
Peter Buell Hirsch

Purpose – The article discusses the ramifications for corporate reputation of the current concerns about consumer data privacy in order to identify potential risks and benefits for corporations in their relations with consumers and other stakeholders. Design/methodology/approach – The article discusses the ramifications for corporate reputation of the current concerns about consumer data privacy in order to identify potential risks and benefits for corporations in their relations with consumers and other stakeholders. Findings – This review suggests that there are indeed significant concerns for corporations about how consumers feel about corporate use of personal and, in particular, behavioral data. However, there are steps that corporations can take to demonstrate their commitment to data privacy that can mitigate potential reputational damage and even strengthen their image with consumers and other stakeholders. Originality/value – Data privacy as a reputation asset has been little discussed in the literature to date.


Author(s):  
Sandra C. Henderson ◽  
Charles A. Snyder ◽  
Terry A. Byrd

Electronic commerce (e-commerce) has had a profound effect on the way we conduct business. It has impacted economies, markets, industry structures, and the flow of products through the supply chain. Despite the phenomenal growth of e-commerce and the potential impact on the revenues of businesses, there are problems with the capabilities of this technology. Organizations are amassing huge quantities of personal data about consumers. As a result, consumers are very concerned about the protection of their personal information and they want something done about the problem.This study examined the relationships between consumer privacy concerns, actual e-commerce activity, the importance of privacy policies, and regulatory preference. Using a model developed from existing literature and theory, an online questionnaire was developed to gauge the concerns of consumers. The results indicated that consumers are concerned about the protection of their personal information and feel that privacy policies are important. Consumers also indicated that they preferred government regulation to industry self-regulation to protect their personal information.


Author(s):  
Sandra C. Henderson ◽  
Charles A. Snyder ◽  
Terry A. Byrd

Electronic commerce (e-commerce) has had a profound effect on the way we conduct business. It has impacted economies, markets, industry structures, and the flow of products through the supply chain. Despite the phenomenal growth of e-commerce and the potential impact on the revenues of businesses, there are problems with the capabilities of this technology. Organizations are amassing huge quantities of personal data about consumers. As a result, consumers are very concerned about the protection of their personal information and they want something done about the problem. This study examined the relationships between consumer privacy concerns, actual e-commerce activity, the importance of privacy policies, and regulatory preference. Using a model developed from existing literature and theory, an online questionnaire was developed to gauge the concerns of consumers. The results indicated that consumers are concerned about the protection of their personal information and feel that privacy policies are important. Consumers also indicated that they preferred government regulation to industry self-regulation to protect their personal information.


2016 ◽  
Vol 3 (2) ◽  
pp. 127-136 ◽  
Author(s):  
Koteswara Rao Ballamudi

Distributed ledger technology (DLT) that stores data (usually immutable and sequenced transaction records) in a decentralized way through cryptography and consensus algorithms. The first widely recognized implementation of the blockchain took place in 2009 on the Bitcoin public blockchain. Since then, other types of blockchain have been developed for a wide range of applications and features built on common principles such as decentralization, encryption, consensus, and immutability. In particular, blockchain technology is most widely used in transaction settlement and digital currency banks and the financial sector, as well as in supply chain applications that help participants solve problems quickly and efficiently. Other use cases continue to be developed. As a form of information management, blockchain and related DLTs offer advantages over traditional databases and may help develop certain new technologies such as the Internet of Things. Blockchain regulation is currently restricted at the international and federal levels, but state-level legislation provides support and awareness of aspects of blockchain technology. Most of the current regulations are in the form of self-regulation by blockchain developers and related communities, but many challenges and risks such as data privacy and security need to be addressed in the near future.


2017 ◽  
Author(s):  
Jessica Litman

From most objective standpoints, protecting information privacy though industry self-regulation is an abject failure. The current political climate has been hostile to proposals for meaningful privacy regulation. Privacy advocates have been casting around for some third alternative and a number of them have fastened on the idea that data privacy can be cast as a property right. People should own information about themselves, and, as owners of property, should be entitled to control what is done with it. The essay explores that proposal. I review the recent enthusiasm for protecting data privacy as if it were property, and identify some of the reasons for its appeal. I examine the model and conclude that a property rights approach would be unlikely to improve matters; indeed, it would tend to encourage the market in personal data rather than constraining it. After critiquing the property model, I search for a different paradigm, and explore the possibility that tort law might support a workable approach to data privacy. Current law does not provide a tort remedy for invasion of data privacy, but there are a number of different strands in tort jurisprudence that might be extended to encompass one. In particular, a rubric based loosely on breach of confidence might persuade courts to recognize at least limited data privacy rights. I conclude, however, that while the tort solution is preferable to a property rights approach, it is likely to offer only modest protection. Common law remedies are by their nature incremental, and achieving widespread adoption of novel common law causes of action is inevitably a slow process. Even established common law remedies, moreover, are vulnerable to statutory preemption. Although a rash of state tort law decisions protecting data privacy might supply the most compelling impetus to federal regulation we are likely to achieve, the resulting protection scheme is unlikely to satisfy those of us who believe that data privacy is worth protecting.This article was published in the Stanford Law Review in 2000.


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