A Human-Centric Perspective on Digital Consenting: The Case of GAFAM

Human, Soheil; Cech, Florian

doi:10.1007/978-981-15-5784-2_12

Cited by 32 publications

(54 citation statements)

References 31 publications

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“…Human and Cech [56] built a theoretical framework to evaluate consent collection from five major tech companies-Google, Amazon, Facebook, Apple, and Microsoft-focusing on interactions, graphical design, and text. They noticed asymmetric design, hidden information, and unclear statements.…”

Section: Issues With Compliance and Detectionmentioning

confidence: 99%

Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective

Gray

Santos

Bielova³

et al. 2021

Proceedings of the 2021 CHI Conference on Human Factors in Computing Systems

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User engagement with data privacy and security through consent banners has become a ubiquitous part of interacting with internet services. While previous work has addressed consent banners from either interaction design, legal, and ethics-focused perspectives, little research addresses the connections among multiple disciplinary approaches, including tensions and opportunities that transcend disciplinary boundaries. In this paper, we draw together perspectives and commentary from HCI, design, privacy and data protection, and legal research communities, using the language and strategies of "dark patterns" to perform an interaction criticism reading of three different types of consent banners. Our analysis builds upon designer, interface, user, and social context lenses to raise tensions and synergies that arise together in complex, contingent, and conflicting ways in the act of designing consent banners. We conclude with opportunities for transdisciplinary dialogue across legal, ethical, computer science, and interactive systems scholarship to translate matters of ethical concern into public policy. CCS CONCEPTS• Human-centered computing → User interface design; • Social and professional topics → Governmental regulations; Codes of ethics; • Security and privacy → Social aspects of security and privacy.

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Section: Issues With Compliance and Detectionmentioning

confidence: 99%

Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective

Gray

Santos

Bielova³

et al. 2021

Proceedings of the 2021 CHI Conference on Human Factors in Computing Systems

View full text Add to dashboard Cite

show abstract

“…A SHORT BACKGROUND According to the European General Data Protection Regulation (GDPR), "the protection of natural persons in relation to the processing of personal data is a fundamental right" (GDPR 2016, Recital 1) and "everyone has the right to the protection of personal data concerning him or her" (GDPR 2016, Recital 1). In order to achieve this objective, consent is considered by the European GDPR as one of the bases of lawful processing of personal data, among others [6], [7]. Although the GDPR aims to protect everyone's right to privacy and restricts the processing of personal data, the GDPR allows processing of personal data, among others, for "scientific or historical research purposes" (GDPR 2016, Article 9).…”

Section: Personal Data Processing Under the Gdprmentioning

confidence: 99%

“…Based on an interdisciplinary literature and inspired by the enactivist [8] perspective to human cognition, Human and Cech [6] proposed a human-centric perspective on digital consenting. According to this view, consenting should be considered a socio-cognitive action in which cognitive, collective, and contextual aspects are in continuous interaction and co-construct the action of consenting (Figure 1).…”

Section: Human-centric Perspective On Consentingmentioning

confidence: 99%

“…According to this view, consenting should be considered a socio-cognitive action in which cognitive, collective, and contextual aspects are in continuous interaction and co-construct the action of consenting (Figure 1). As it is discussed in [6], all three dimensions of consenting are widely ignored (or even misused) in the current data controller-centric practice of consent-obtaining.…”

Section: Human-centric Perspective On Consentingmentioning

confidence: 99%

“…Firstly, it has to be noted that people do not sign up for medical research in the first place but are initially motivated to know more about their family history or future health prospects. Nevertheless, since most people take medical research to be socially beneficial, it is understandable why a large majority consents to the reuse of their personal data during the process (if we assume that the obtained consent is truly informed and not obtained using dark patterns [6] or other similar mechanisms). In this respect, it is crucial to realize that data donation is a nonmarket transaction on top of a commercial purchase.…”

Section: The Importance Of Contextuality For Genetic Personal Data Reusementioning

confidence: 99%

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