Federal and State Preemption of Local Privacy Regulation

2018 ◽  
Author(s):  
Ira Rubinstein
Keyword(s):  
Privacy Regulation

Privacy after the Agile Turn

2017 ◽  
Author(s):  
Seda Gurses ◽  
Joris Vredy Jan van Hoboken
Keyword(s):  
Information Systems ◽  
Software Industry ◽  
Data Driven ◽  
Dynamic Nature ◽  
Privacy Regulation ◽  
Research And Practice ◽  
Production Processes ◽  
Regulatory Frameworks ◽  
Software And Hardware ◽  
New Challenges

Moving beyond algorithms and big data as starting points for discussions about privacy, the authors of Privacy After the Agile Turn focus our attention on the new modes of production of information systems. Specifically, they look at three shifts that have transformed most of the software industry: software is now delivered as services, software and hardware have moved into the cloud and software’s development is ever more agile. These shifts have altered the conditions for privacy governance, and rendered the typical mental models underlying regulatory frameworks for information systems out-of-date. After 'the agile turn', modularity in production processes creates new challenges for allocating regulatory responsibility. Privacy implications of software are harder to address due to the dynamic nature of services and feature development, which undercuts extant privacy regulation that assumes a clear beginning and end of production processes. And the data-driven nature of services, beyond the prospect of monetization, has become part of software development itself. With their focus on production, the authors manage to place known challenges to privacy in a new light and create new avenues for privacy research and practice.

scholarly journals The Role of Consumer Autonomy in Developing Sustainable AI: A Conceptual Framework

2021 ◽  
Vol 13 (4) ◽  
pp. 2332
Author(s):  
Lena Bjørlo ◽  
Øystein Moen ◽  
Mark Pasquine
Keyword(s):  
Decision Making ◽  
Decision Aids ◽  
Privacy Regulation ◽  
Advantages And Disadvantages ◽  
Fundamental Significance ◽  
Research Gap ◽  
Online Decision Making ◽  
Definition Of ◽  
Consumer Autonomy

Artificial intelligence (AI)-based decision aids are increasingly employed by businesses to assist consumers’ decision-making. Personalized content based on consumers’ data brings benefits for both consumers and businesses, i.e., with regards to more relevant content. However, this practice simultaneously enables increased possibilities for exerting hidden interference and manipulation on consumers, reducing consumer autonomy. We argue that due to this, consumer autonomy represents a resource at the risk of depletion and requiring protection, due to its fundamental significance for a democratic society. By balancing advantages and disadvantages of increased influence by AI, this paper addresses an important research gap and explores the essential challenges related to the use of AI for consumers’ decision-making and autonomy, grounded in extant literature. We offer a constructive, rather than optimistic or pessimistic, outlook on AI. Hereunder, we present propositions suggesting how these problems may be alleviated, and how consumer autonomy may be protected. These propositions constitute the fundament for a framework regarding the development of sustainable AI, in the context of online decision-making. We argue that notions of transparency, complementarity, and privacy regulation are vital for increasing consumer autonomy and promoting sustainable AI. Lastly, the paper offers a definition of sustainable AI within the contextual boundaries of online decision-making. Altogether, we position this paper as a contribution to the discussion of development towards a more socially sustainable and ethical use of AI.

Consumer Consent and Firm Targeting After GDPR: The Case of a Large Telecom Provider

2021 ◽  
Author(s):  
Miguel Godinho de Matos ◽  
Idris Adjerid
Keyword(s):  
Firm Behavior ◽  
Personal Information ◽  
Data Types ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
General Data ◽  
Targeted Marketing ◽  
Dramatic Shift ◽  
Lock In

The general data protection regulation (GDPR) represents a dramatic shift in global privacy regulation. We focus on GDPR’s enhanced consumer consent requirements that aim to provide transparent and active elicitation of data allowances. We evaluate the effect of enhanced consent on consumer opt-in behavior and on firm behavior and outcomes after consent is solicited. Utilizing an experiment at a large telecommunications provider with operations in Europe, we find that opt-in for different data types and uses increased once GDPR-compliant consent was elicited. However, consumers did not uniformly increase data allowances and continued to generally restrict permissions for more sensitive or tangential uses of their personal information. We also find that sales, the efficacy of marketing communications, and contractual lock-in increased after consumers provided new data allowances. Additional analysis suggests that these gains to the firm emerged because new data allowances enabled them to increase their use of targeted marketing for households that were amenable to these marketing efforts. These results have significant implications for firms and policymakers and suggest that enhanced consent provided via GDPR may be effective for increasing consumer privacy protection while also allowing firms reliant on consumers’ personal information to improve outcomes. This paper was accepted by Chris Forman, information systems.

scholarly journals Exploring information privacy regulation, risks, trust, and behavior

2015 ◽  
Vol 52 (6) ◽  
pp. 741-759 ◽  
Author(s):  
Caroline Lancelot Miltgen ◽  
H. Jeff Smith
Keyword(s):  
Information Privacy ◽  
Privacy Regulation ◽  
And Behavior

scholarly journals The EU General Data Protection Regulation (GDPR)

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Ongoing Work ◽  
Protection Legislation ◽  
Recent Reform ◽  
General Data ◽  
The Eu

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

scholarly journals Online privacy regulation in a decentralized, unbounded context: Internet Governance and multi-stake-holder initiatives as regulatory mechanisms

Iuris Dictio ◽  
2018 ◽  
Author(s):  
Hugo Fernando Aguiar Lozano
Keyword(s):  
Online Privacy ◽  
The Internet ◽  
Internet Governance ◽  
Regulatory Structure ◽  
Privacy Regulation ◽  
The Right To Privacy ◽  
Stake Holder ◽  
The Right ◽  
Free Flow Of Information ◽  
Flow Of Information

The present paper analyzes the right to privacy in the context of the Internet. The multi-stake- holder initiatives are an alternative that has already provided a regulatory structure on various aspects of the Internet, be it security, free flow of information or online privacy. Although there are elements that make it not a total solution, this paper analyzes some reasons why online privacy should be regulated by mechanisms of Internet Governance and by entities that do not respond only to governments or only to private firms. In this work, a general look at this alternative is given, without neglecting other approaches that should be applied to the topic of online privacy.

scholarly journals Social Welfare Analysis under Different Levels of Consumers’ Privacy Regulation

2021 ◽  
Vol 16 (7) ◽  
pp. 2943-2964
Author(s):  
Xudong Lin ◽  
Xiaoli Huang ◽  
Shuilin Liu ◽  
Yulin Li ◽  
Hanyang Luo ◽  
...  
Keyword(s):  
Social Welfare ◽  
Information Sharing ◽  
Privacy Protection ◽  
Rapid Development ◽  
Specific Information ◽  
Privacy Regulation ◽  
Privacy Preference ◽  
The Cost ◽  
The Impact ◽  
Different Levels

With the rapid development of information technology, digital platforms can collect, utilize, and share large amounts of specific information of consumers. However, these behaviors may endanger information security, thus causing privacy concerns among consumers. Considering the information sharing among firms, this paper constructs a two-period duopoly price competition Hotelling model, and gives insight into the impact of three different levels of privacy regulations on industry profit, consumer surplus, and social welfare. The results show that strong privacy protection does not necessarily make consumers better off, and weak privacy protection does not necessarily hurt consumers. Information sharing among firms will lead to strong competitive effects, which will prompt firms to lower the price for new customers, thus damaging the profits of firms, and making consumers’ surplus higher. The level of social welfare under different privacy regulations depends on consumers’ product-privacy preference, and the cost of information coordination among firms. With the cost of information coordination among firms increasing, it is only in areas where consumers have greater privacy preferences that social welfare may be optimal under the weak regulation.

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