The Failure of Mandated Disclosure

Abstract

This article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The article has four sections: (1) A comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) A survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) An account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying the enactments of these mandates, the incentives of disclosers to carry them out, and, most importantly, on the ability of disclosees to use them; (4) An argument that mandated disclosure not only fails to achieve its stated goal but also leads to unintended consequences that often harm the very people it intends to serve.

Smart homes, private homes? An empirical study of technology researchers’ perceptions of ethical issues in developing smart-home health technologies

“…Furthermore, asking end-users to make frequent choices about participation (which we may wish to do in smart homes, with their perpetual monitoring) may place excessive burden on individuals [51, 52]. Other contexts where patients and consumers are routinely presented with choices, such as informed consent documents, terms of credit documents or software terms-of-use contracts have been empirically demonstrated to result in poor exchange and understanding of information [53]. Therefore, offering choice may not be the solution to privacy issues, may place burden on individuals, may not enhance understanding and may raise social justice concerns.…”

What the ANPRM Missed: Additional Needs for IRB Reform

“…10 Since our findings suggest that IRBs are spending time reviewing consent forms, the ANPRM recommendations to make specific changes to the information in those forms is highly relevant, both to how IRBs operate and how human subjects are protected. 11 The proposed changes -shortening the form, removing exculpatory language, simplifying language, etc.…”

Is Organic Labelling Enough? Information Disclosure as Policy Instrument to Empower Consumer Choices

“…If properly designed, information disclosure should promote autonomy and quality of individual decision making, increase efficiency and help prevent market failure resulting from incomplete and asymmetric information coupled with misaligned incentives [1][2][3]. However, inappropriate information disclosure fails to improve the quality of consumer decisions [1,4,5]. When directly asked, consumers say they want to know virtually everything about their choices [4].…”

“…However, inappropriate information disclosure fails to improve the quality of consumer decisions [1,4,5]. When directly asked, consumers say they want to know virtually everything about their choices [4]. In reality, one of the most ubiquitous problems is the information overload effect.…”

“…NOP made specific requirements for organic crop production, livestock farming, and the handling of organic products 4 . To qualify as organic egg, the poultry need to be fed organic feed.…”