Enough About Me: Why Privacy is About Power, not Consent (or Harm)

Austin, Lisa M.

doi:10.1017/cbo9781139962964.004

“…In sum, consent is not free “in cases where there is any element of compulsion, pressure or inability to exercise free will.” It seems clear that in cases of marketing manipulative practices, consumers’ consent might be not free (Castelluccia, 2020; Ducato and Marique, 2018). In general, scholars have defined power imbalance as any situation in which, on the one hand, the data subject has a higher risk of suffering from adverse effects deriving from the data processing and when, on the other hand, the data controller is a situation of institutional, hierarchical or informational dominance (Pasquale, 2013; Austin, 2014; Richter, 2018; Malgieri and Niklas, 2020). Accordingly, many scholars argue that in most cases, the unaware and rapid consent that consumers give to the processing of their personal data for direct marketing purposes (in exchange for free access to online services or when there is a strong information asymmetry because of the limited transparency of the data processing activities) might be invalid under the GDPR (Bergemann, 2018; Ducato and Marique, 2018; Solove, 2013; van der Hof, 2017).…”

Section: The Role Of the Law: European Union Privacy And Data Protect...mentioning

confidence: 99%

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

Malgieri

¹

2021

JCM

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Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.

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“…6.2 Non-state/corporate) surveillance Austin (2015) accentuates the impact of surveillance capitalism on privacy and security. As indicated, users must give consent for information-gathering but is it informed consent?…”

Section: Law Enforcement (State) Surveillancementioning

confidence: 99%

Is Hacking Back Ever Worth it?

2021

Proceedings of the European Conference on Information Warfare and Security

0

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No reproduction, copy or transmission may be made without written permission from the individual authors. Review ProcessPapers submitted to this conference have been double-blind peer reviewed before final acceptance to the conference. Initially, abstracts were reviewed for relevance and accessibility and successful authors were invited to submit full papers. Many thanks to the reviewers who helped ensure the quality of all the submissions. Ethics and Publication Malpractice PolicyACIL adheres to a strict ethics and publication malpractice policy for all publications -details of which can be found here: http://www.academic-conferences.org/policies/ethics-policy-for-publishing-in-the-conferenceproceedings-of-academic-conferences-and-publishing-international-limited/ Self-Archiving and Paper RepositoriesWe actively encourage authors of papers in ACIL conference proceedings and journals to upload their published papers to university repositories and research bodies such as ResearchGate and Academic.edu. Full reference to the original publication should be provided. Conference ProceedingsThe Conference Proceedings is a book published with an ISBN and ISSN. The proceedings have been submitted to a number of accreditation, citation and indexing bodies including Thomson ISI Web of Science and Elsevier Scopus.

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“…Some people may argue that in this era of digital interconnectedness, privacy is nothing more than a myth in a technology-driven society (Veciana-Suarez, 2020). However, such an assumption is not correct (Richards, 2015;Austin, 2015). If privacy was 'dead', then there would not have been much interest in Snowden's revelations (Richards, 2015).…”

Section: Surveillance and The Tension Between Privacy And Securitymentioning

confidence: 99%

Space Cyber Threats and Need for Enhanced Resilience of Space Assets

2021

Proceedings of the European Conference on Information Warfare and Security

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No reproduction, copy or transmission may be made without written permission from the individual authors. Review ProcessPapers submitted to this conference have been double-blind peer reviewed before final acceptance to the conference. Initially, abstracts were reviewed for relevance and accessibility and successful authors were invited to submit full papers. Many thanks to the reviewers who helped ensure the quality of all the submissions. Ethics and Publication Malpractice PolicyACIL adheres to a strict ethics and publication malpractice policy for all publications -details of which can be found here: http://www.academic-conferences.org/policies/ethics-policy-for-publishing-in-the-conferenceproceedings-of-academic-conferences-and-publishing-international-limited/ Self-Archiving and Paper RepositoriesWe actively encourage authors of papers in ACIL conference proceedings and journals to upload their published papers to university repositories and research bodies such as ResearchGate and Academic.edu. Full reference to the original publication should be provided. Conference ProceedingsThe Conference Proceedings is a book published with an ISBN and ISSN. The proceedings have been submitted to a number of accreditation, citation and indexing bodies including Thomson ISI Web of Science and Elsevier Scopus.

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Enough About Me: Why Privacy is About Power, not Consent (or Harm)

Cited by 19 publications

References 16 publications

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

Is Hacking Back Ever Worth it?

Space Cyber Threats and Need for Enhanced Resilience of Space Assets

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