scholarly journals Moving beyond consent in data privacy law. An effective privacy management system for Internet services

2021 ◽  
Author(s):  
◽  
Marcin Betkier

<p>This thesis looks for a way to overcome the failure of consent as a means of addressing privacy problems associated with online services. It argues that consent to collection and use of personal data is an imperfect mechanism for individual authorisation because data privacy in relation to online services is a dynamic, continuous process. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves.    After careful examination of online services which pinpoints both the privacy problems caused by online service providers and the particular features of the online environment, the thesis devises a set of measures to enable individuals to manage these processes. The tool for achieving this is a Privacy Management Model (PMM) which consists of three interlocking functions: controlling (which consent may be a part of), organising, and planning.    The thesis then proposes a way of implementing these functions in the context of online services. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators), a set of technical/architectural tools to manage data within the ICT systems of the online service  providers, and laws capable of supporting all these elements.    The proposed legal measures aim to overcome the shortcomings of procedural principles by implementing a comprehensive model in which substantive legal principle underpins a bundle of statutory-level laws which enable privacy management functions. Those are explained against the background of the General Data Protection Regulation. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws.</p>

2021 ◽  
Author(s):  
◽  
Marcin Betkier

<p>This thesis looks for a way to overcome the failure of consent as a means of addressing privacy problems associated with online services. It argues that consent to collection and use of personal data is an imperfect mechanism for individual authorisation because data privacy in relation to online services is a dynamic, continuous process. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves.    After careful examination of online services which pinpoints both the privacy problems caused by online service providers and the particular features of the online environment, the thesis devises a set of measures to enable individuals to manage these processes. The tool for achieving this is a Privacy Management Model (PMM) which consists of three interlocking functions: controlling (which consent may be a part of), organising, and planning.    The thesis then proposes a way of implementing these functions in the context of online services. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators), a set of technical/architectural tools to manage data within the ICT systems of the online service  providers, and laws capable of supporting all these elements.    The proposed legal measures aim to overcome the shortcomings of procedural principles by implementing a comprehensive model in which substantive legal principle underpins a bundle of statutory-level laws which enable privacy management functions. Those are explained against the background of the General Data Protection Regulation. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws.</p>


2018 ◽  
Vol 7 (11) ◽  
pp. 442 ◽  
Author(s):  
Mehrnaz Ataei ◽  
Auriol Degbelo ◽  
Christian Kray ◽  
Vitor Santos

An individual’s location data is very sensitive geoinformation. While its disclosure is necessary, e.g., to provide location-based services (LBS), it also facilitates deep insights into the lives of LBS users as well as various attacks on these users. Location privacy threats can be mitigated through privacy regulations such as the General Data Protection Regulation (GDPR), which was introduced recently and harmonises data privacy laws across Europe. While the GDPR is meant to protect users’ privacy, the main problem is that it does not provide explicit guidelines for designers and developers about how to build systems that comply with it. In order to bridge this gap, we systematically analysed the legal text, carried out expert interviews, and ran a nine-week-long take-home study with four developers. We particularly focused on user-facing issues, as these have received little attention compared to technical issues. Our main contributions are a list of aspects from the legal text of the GDPR that can be tackled at the user interface level and a set of guidelines on how to realise this. Our results can help service providers, designers and developers of applications dealing with location information from human users to comply with the GDPR.


Author(s):  
Yasin Ozcelik

Nonprofit organizations have been using the Internet for disseminating information about themselves, interacting with potential donors, and fundraising. In this chapter, we focus on online service providers for nonprofits (OSPNs) that bring donors and nonprofits together in an electronic environment to help them find a suitable match. We investigate the effects of OSPNs on the outcomes of fundraising markets by developing an economic model. We compare the total net revenues of nonprofits competing for donations in two different settings: while nonprofits in the first market use both the traditional fundraising techniques and the services provided by OSPNs, those in the second market implement the traditional method only. We derive analytical conditions under which the first setting provides better outcomes than the second one can generate.


Author(s):  
Francisco García Martínez

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.


Author(s):  
Yasin Ozcelik

The Internet is transforming the way nonprofits have been disseminating information about themselves, interacting with potential donors, and fundraising. In this article, the authors focus on a special type of online service providers for nonprofits (OSPNs) that bring donors and nonprofits together in an electronic environment to help them find a suitable match. The authors investigate the effects of OSPNs on the outcomes of fundraising markets by developing an economic model. They compare the total net revenues of nonprofits competing for donations in two different settings: while nonprofits in the first market use both the traditional fundraising techniques and the services provided by OSPNs, those in the second market implement the traditional method only. They derive analytical conditions under which the first setting provides better outcomes than the second one can generate.


2020 ◽  
Vol 6 (1) ◽  
pp. 205630511989732
Author(s):  
Eric P. Robinson ◽  
Yicheng Zhu

Whether they know it or not, the legal rights and responsibilities of users of websites and services, including social media, are defined and controlled by the terms of service of these online service providers. But despite the importance of these provisions, studies have shown that users rarely review terms of service, or think about their meaning. This study took advantage of a major website’s “simplification” of its terms of service to determine whether the changed language increased users’ understanding of the intended meaning of the terms of service. Using the Elaboration Likelihood Model, we evaluate the effectiveness of simplification of terms of service as a method to encourage users’ understanding on these terms.


2020 ◽  
Vol 28 (1) ◽  
pp. 116-132
Author(s):  
Ioannis Paspatis ◽  
Aggeliki Tsohou ◽  
Spyros Kokolakis

Purpose Privacy policies emerge as the main mechanism to inform users on the way their information is managed by online service providers, and still remain the dominant approach for this purpose. The literature notes that users find difficulties in understanding privacy policies because they are usually written in technical or legal language even, although most users are unfamiliar with them. These difficulties have led most users to skip reading privacy policies and blindly accept them. This study aims to address this challenge this paper presents AppAware, a multiplatform tool that intends to improve the visualization of privacy policies for mobile applications. Design/methodology/approach AppAware formulates a visualized report with the permission set of an application, which is easily understandable by a common user. AppAware aims to bridge the difficulty to read privacy policies and android’s obscure permission set with a new privacy policy visualization model. Thus, we propose AppAware parser, a mobile add-on that acts complementary with AppAware and helps mobile device users to monitor the applications they installed to their smart device. Findings To validate AppAware, the authors conducted a survey through questionnaire aiming to evaluate AppAware in terms of installability, usability and viability-purpose. The results demonstrate that AppAware is assessed above average by the users in all categories. Originality/value In the best of the authors’ knowledge, there is no such approach as AppAware as an application nor AppAware parser as add-on.


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