The Crisis of Consent: How Stronger Legal Protection May Lead to Weaker Consent in Data Protection
Ethics and Information Technology, The Crisis of Consent: How Stronger Legal Protection may lead to Weaker Consent in Data Protection, DOI: 10.1007/s10676-014-9343-8, Forthcoming
19 Pages Posted: 22 Mar 2014
Date Written: February 25, 2014
Abstract
In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorization, does not work in practice. In practice the legal requirements for consent lead to 'consent desensitization', undermining privacy protection and trust in data processing. In particular we argue that stricter legal requirements for giving and obtaining consent (explicit consent) as proposed in the European Data Protection Regulation will further weaken the effectiveness of the consent mechanism. Building on Miller & Wertheimer’s 'Fair Transaction' model of consent we will examine alternatives to explicit consent.
Keywords: privacy, data protection, consent
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