Online Data Processing Consent Under EU Law: A Theoretical Framework and Empirical Evidence from the UK

Varieties of consumer credit data regimes: A regulatory governance approach

“…In CCDRs, consumer protections are defined as mechanisms to prevent the violation of consumers' rights, weakening of individuals' autonomy and freedom, or undermining of values of social justice and fairness. It is argued that the consent mechanisms only serve the consumers' interests nominally, as people have no option but to consent if they do not want to be refused credit (Borghi, Ferretti, & Karapapa, 2013). A more recent justification of consumer protection in law claims that it is intended to promote social justice, redistribute wealth, and realign the position of consumers in society (Howells & Weatherill, 2005;Ramsay, 2012).…”

“…There are nevertheless limitations in Israel's CE dimension, for example, prior consent is not required from the consumer before data can be collected; this opt-out mechanism might be less to the benefit of consumers (Borghi et al, 2013). Until 2002 it was structured like the French regime, with a few public databases gathering data on payment incidents.…”

“…One highly controversial empowerment strategy set in the EU's General Data Protection Regulation (GDPR) 3 is the practice of forcing lenders to obtain consent from the "data subject" for the use of their personal information. It is argued that the consent mechanisms only serve the consumers' interests nominally, as people have no option but to consent if they do not want to be refused credit (Borghi, Ferretti, & Karapapa, 2013). Furthermore, some CE practices are more beneficial to the business than to the consumer.…”

“…Consumers are also granted rights to access their data, to know which institutions have used their data, and to dispute the data. There are nevertheless limitations in Israel's CE dimension, for example, prior consent is not required from the consumer before data can be collected; this opt-out mechanism might be less to the benefit of consumers (Borghi et al, 2013). Also, the supervisory structure in the Israeli regime does not include a body designated to supervise the central database and be accountable for consumer protections, such as exists in France.…”

A Framework for Public Bodies for Managing the Secure and Appropriate Release of Open Source Data

“…For example, a recent study by Borghi et al (2013), showed that EU compliant informed consent is not obtained in the majority of cases, with only a third of websites in the UK found to respect the privacy of the data subject. There are also a number of other considerations that will need to be taken into account when considering how privacy can best be incorporated into the open source publishing process including context, tolerance and coverage.…”