Download This PaperBehavioural Sciences and the Regulation of Privacy on the Internet
Draft chapter for the book ‘Nudging and the Law - What can EU Law learn from Behavioural Sciences?’, editors A-L Sibony & A. Alemanno (Hart Publishing)
Institute for Information Law Research Paper No. 2014-02
40 Pages Posted: 23 Oct 2014 Last revised: 5 Jun 2015
Date Written: October 23, 2014
Abstract
This chapter examines the policy implications of behavioural sciences insights for the regulation of privacy on the Internet, by focusing in particular on behavioural targeting. This marketing technique involves tracking people’s online behaviour to use the collected information to show people individually targeted advertisements. Enforcing data protection law may not be enough to protect privacy in this area. I argue that, if society is better off when certain behavioural targeting practices do not happen, policymakers should consider banning them.
Keywords: nudging, nudge, privacy, data protection, cookie, e-Privacy Directive, profiling, behavioural targeting, tracking, behavioural economics
JEL Classification: K19
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